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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I was terminated from United Airlines (Flight Attendant) for

Customer Question

I was terminated from United Airlines (Flight Attendant) for --inadvertently--
violating Policies & Procedures.
(I was employed from 10/1990-7/2015. I'm 57 yrs old.)
I was offered Retirement (I declined, now "off the table") so recently via (the Union's) Mediation process, I was offered only Resignation. I have 2 dys to give my answer; I also have the option to to take it further to Arbitration (up to 2 yrs wait) or I can hire my own attny.
CASE: I purchased a UA confirmed airline tkt (to commute to work), then as seats became available, I unsuccessfully tried to cancel the purchased tkt so I could fly "Space-Available". I'm charged w/ "holding 2 seats over the same routing", thus "appearing" that I was trying to hold a seat "out of inventory" = "Blocking Inventory". (This is not allowed; the reason why I so desperately tried to cancel the "Confirmed Reservation", & the flight did ultimately leave w/ some empty seats. Do I have a case with a "private" attny?
NOTE: There is much tumult during this integration/merger of United & Continental Airlines & is common knowledge that CO is successfully "getting rid" of the older/highest pay-scale (United) Flight Attendants, while our new CO mgmt has been on a hiring blitz, employing on the starting/lowest pay-scale. Btw, it's all CO upper-mgmt, and United in "name" only.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this situation.

From what you state, it appears the UA is following policy and procedure on the termination. Is that correct?

Or is there something about the way this termination is being handled that is not within policy?

Customer: replied 1 year ago.

I guess that they (UA) are; it seems so.

Customer: replied 1 year ago.

They are such sticklers, I feel sure that they (US) are handling it perfectly according to Policy.

Expert:  Samuel II replied 1 year ago.

If they are following policy in the termination process, unless you can prove that the only reason you are being terminated is because of your age or gender, race, religion, disability or other discriminatory factors then unfortunately I do not see where a private attorney would be able to help.

However, it never hurts to at least consult with a local attorney. It is possible upon review of all the facts and files, policies, etc they could find something that could turn the tables to your favor.

Expert:  Samuel II replied 1 year ago.

If you would like to have Retirement back on the table, I suggest a local attorney could get involved with the negotiations and try to bring that back for you.

Expert:  Samuel II replied 1 year ago.

If you do not take the retirement offered, what does that mean to you in terms of pension?

Customer: replied 1 year ago.

Retirement was removed as an option, now only Resignation. I'd keep my monthly pension, regardless. Accepting Resignation, I'd have this "charge" removed from my record. It's the ONLY negative on my record. In nearly 25 yrs, I've never had even one negative letter. I don't want Resignation or Retirement; I need my job back, even with probation. This is the way it typically is done; going through the motions (via the Union), then job offered back.

Expert:  Samuel II replied 1 year ago.

Thank you. I do not like being the bearer of bad news and so while I do not suggest you have a case unless you can find a problem with the process as it relates to policy and procedure, a consult with a local attorney who can review everything fully - such as does there have to be an Intent to violate policy as it pertains to the ticket purchases and the fact that you tried to cancel, etc. And so I suggest a consult with a local attorney would be the best information I can provide to you.

Expert:  Samuel II replied 1 year ago.

There could be something that would help you that I am just not privy to.

Customer: replied 1 year ago.

Can an attny subpeona records of past cases w/ the same charge? If precedence has been different from my outcome, couldn't that help? Union attny says these records are "sealed",

Expert:  Samuel II replied 1 year ago.

Yes. They can be subpoenaed for review to determine who has been terminated for the same or other infractions, who has not and what policy/procedure has been followed. Again, those are things that may help your case. If they are sealed, then the attorney would need to request they be unsealed and that is an entire other process.

Customer: replied 1 year ago.

.... requiring more time & money as well? Can UA choose to be uncooperative (& of course, they would of they could), making the case more time-consuming & costly?

Would this "tick them off", making their resolve worse? Union attny says "he" doesn't have access to these prior cases; could that be true?

Expert:  Samuel II replied 1 year ago.

Exactly. Yes. They can fight all of your efforts. And, of course, they have the deep pockets to do it - Motion you to death and cause more time and Money on your end.

Customer: replied 1 year ago.

So, could it be possible that an attny wd be interested in taking this type case on a percentage basis, only? I actually do not care about a monetary settlement, I just want my job back!

Expert:  Samuel II replied 1 year ago.

Yes. I suggest that is what you will want to seek. A civil rights/discrimination attorney who will evaluate your case from top to bottom and if they feel you have a good shot at winning they will take a percentage of any settlement they get for you. If you only want your job back, then of course, it will not be on a contingency basis. And you would want to talk to a Labor/employment attorney.

Expert:  Samuel II replied 1 year ago.

I just wish there was some better news for you on my end.

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