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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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Experience:  20+ Years of Employment Law Experience
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Can a flight attendant be legally terminated use of alcohol

Customer Question

Can a flight attendant be legally terminated for the use of alcohol without the use of the DOT's policy and procedures?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Flight crews and flight attendants are governed by FAA Regulation 14 CFR 120 and as such are subjected to drug testing under DOT guidelines. If the attendant was not tested pursuant to DOT guidelines, then the test may be invalidated and the termination reversed as improper if the attendant was under a union contract. If the flight attendant was an at will employee, then while the test may be invalidated and thus the employer does not have good cause to terminate, an at will employee can be terminated for any reason at all as long as it is not based only on their age/race/sex/disability/national origin and if the termination is found without good cause, the only recourse the at will employee has is collecting unemployment.

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