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I have a friend who was wrongly terminated by a major

airline. What agencies can he...
I have a friend who was wrongly terminated by a major airline. What agencies can he complain to? He may not be able to beat, "city hall," as the saying goes, but he can at least report them and bring about justice in some way without breaking the law. I might add that he was not in a union, nor was one available for workers in his position with this airline.As a result of his termination, he is now impecunious. Please advise. Thank you for your assistance in this matter. If he would attempt to take legal action, what is the statute of limitations for such action against an airline headquartered in Georgia?
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Answered in 1 minute by:
11/20/2017
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,943
Experience: Attorney experienced in commercial litigation.
Verified

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

You say he was "wrongfully terminated," but that term seems to have a very different meaning to employees and the court.

Was he terminated based only because of his age/race/sex/disability/national origin? Why do you say he was "wrongfully" terminated?

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Customer reply replied 9 months ago
Terminated by a colleague not in a position to terminate. Termination was not based on sex color religion or any of the things that you mentioned. There was no due process. Person still had all of the confidential belongings that went with a job, access codes to confidential information after termination. When this man called to give it back and left a message to this affect several times., there was no response. Even though he's made several attempts to give them back, he still has very confidential materials and information regarding the airline. He is a very righteous man, and it's kept the materials very confidential. I hope this helps some. I don't think he wants to litigate as much as he wants to complain to the proper agencies. There are things he knows about this Airline that they would not want exposed. Who governs Airlines? Thank you.

Thank you for your reply.

An at will employee (one without a written contract to the contrary) is not entitled to due process unless the employer's rules grant them some due process as part of the employer's internal process. This is another common misconception of many employees. An at will employee can be terminated for no reason at all or for any reason at all not based only on the age/race/sex/disability/national origin of the employee and the employee's sole recourse is filing for unemployment benefits.

You said he was terminated by someone not in a position to terminate, but if the employer has upheld the termination, then the employer tacitly has agreed that he is terminated.

The airline regulations are governed by the FAA and also homeland security/TSA if he has confidential information he should not have access to and the airline has not stopped his access. So for the failure to maintain security, he can report the airline to the FAA and the Department of Homeland Security/TSA for violation of the airline security rules and laws.

As far as his employment, legally they can fire him for no reason as I said, and he would need to pursue that claim for unemployment to collect those benefits due him.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 9 months ago
I appreciate your advise, however my friend had been employed there for 33 yrs. Additionally, there is a due process provision in his contact. How does change the situation?

Thank you for your reply.

You said he did not have a union and above I said specifically, unless he had a written contract to the contrary.

If he has a written contract providing for some type of due process, the employer must follow that contract or they are in breach of contract. So, you are saying they did not follow the due process provision in his contract, he first needs to follow the appeal process set up by the employer. If they deny him, then he can sue in court for breach of contract in denial of his due process that the contract stated he was entitled to.

All him being there 33 years has to do with anything is that if he has time in for retirement he can retire.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,943
Experience: Attorney experienced in commercial litigation.
Verified
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Customer reply replied 8 months ago
What is the statute of limitations on his filing for unemployment for a termination that was in January of 2016? Please advise. Thank you very much for your assistance in this matter. It is greatly appreciated. Sorry that this question is so belated I just had to collect some additional information that I did not have when I originally pose this question.

Thank you for your reply.

There is no statute of limitations to file for unemployment, it is just the longer you wait sometimes the harder it is to get the unemployment benefits without going to an appeal hearing.

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Customer reply replied 8 months ago
Thank you for your response. It was helpful. Is he entitled to unemployment benefits if he since being terminated has become disabled and is on disability?
Customer reply replied 8 months ago
I meant since being terminated has become disabled and now he is collecting disability monies. He still get the unemployment? How will his disability affect his chances for and the amount of his unemployment monies/benefits?

Thank you for your reply.

No, he is entitled to unemployment only if he is able and looking for new work. If he is disabled and not able to return to work now, he cannot seek unemployment. He will need to seek disability if he is permanently disabled, which he would apply for through the Social Security Administration Disability Insurance program.

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