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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2174
Experience:  Practicing Attorney with 10 years experience
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I filed a Whistle Blower complaint against my Airline. It

Customer Question

I filed a Whistle Blower complaint against my Airline. It was accepted by the government. The FAA found the airline guilty of Operational Control, Operating Contrary to their GOM and operating carless and reckless. Federal level OSHA Ruled 100% in favor of me for wrongful termination, the Solicitors Panel Ruled in favor of me 100%. The airline appealed the decision, the ruling from both came back again in favor of me for 100%. My attorney is from Washing DC. I live in Anchorage, Alaska. My attorney wants to settle for a 5 year loss of income at 365.000. I am 55 years old now, (Terminated at 53) and at that time I was just starting my process for Major Airline interviews. Airline have been telling me that after 5 years I would be "employable" again, but then I will be 59 and too old to be considered with aspect of cost and training and years left of employment for airline pilot. I feel my career is shot, 13 years of employment. My current attorney says I can't take this to "civil court" to a jury. WHY? What about punitive damages? emotional pain and suffering, career destruction, etc? My attorney says an ALJ will never award those damages. So why can't I take this to a regular "Jury Court?"
Submitted: 1 year ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 year ago.
Were you part of any union? Were you subject to an employment contract?
Customer: replied 1 year ago.
No union, no employment contract.
Expert:  Asad Rahman replied 1 year ago.

Then you could still pursue a jury trial. You have to weigh the costs of continuing litigation vs. settlement.

Customer: replied 1 year ago.
thats what I am asking.. why would my attorney just want to settle on 385,000.00when its 1.4M in lost career income, plus loss of my "major airline career, all my pain and suffering/emotional damage, etc?
I would like to but he is saying that a jury will not get this case. Why?
Expert:  Asad Rahman replied 1 year ago.

Without knowing all of the factors in for an entire situation of your case is hard to comment on what your attorney's motivations are. I would ask him to clarify why injury trial is not feasible.

Expert:  Asad Rahman replied 1 year ago.

I'm only concerned that there might be some sort of mandatory arbitration provision that you have signed up some point.