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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I'm a F/A major airline yrs, 8 mons. I've just

Customer Question

I'm a F/A for a major airline for 24 yrs, 8 mons. I've just been charged with "Holding Two Reservations", simultaneously (one I purchased, the other, "Space Available" on a flight that I was commuting on to my base for work. I have to "check a box" on our travel website periodically acknowledging rules of "pass travel". "They've" got me, it seems, but am still hoping there's some way I can retain my job. I have a Hearing next week following an "investigation" that has just ended w/the above (Letter of) Charge.
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

Based on what you have shared with me, it does sound ominous that they have evidence to convict you with on the charge. In cases such as this, it is important to look at past precedent and see how other similarly situated employees have been handled under similar circumstances. If everyone has been terminated, then you likely have no legal standard upon which to defend yourself. However, if they have not terminated others with frequency on this particular issue, you have a very good defense by admitting your wrongdoing and showing the punishment that others have received that is short of termination.

Be sure to point out your long and good record as an employee.

I have found that employees are much less likely to be terminated in situations like this when they "fall on the sword" and admit their wrongdoing while pleading for leniency relative to punishment. In cases where you have been caught, that is the best stance to take to keep your job.

Let me know if you have any other questions. Please rate my answer positively if you have been helped at all.

Best wishes going forward!

Customer: replied 2 years ago.

Actually, I knew all this previously, although I appreciate your confirming. I'm searching for something "technical" that I may have find; a loophole, of sorts, something that attorneys know about. I'm 57, weeks from retirement as well. My Union rep wholly knows my action/decision was not w/ malice or to benefit from the Company; it was a mistake. But I'm a # ***** my airline & up to now, my intense regret is not acceptable.

Expert:  Delta-Lawyer replied 2 years ago.

Kathie. I understand. Since you are so close to retirement, one strategy you may employ (I did this a few weeks ago for someone), it is attempt to have a pre-hearing conference with your supervisor and work out a settlement, of sorts, in which you offer to retire at your earliest retirement date available, as long as they drop the charges. Your leverage is that you can tie them up in court, you can force the hearing, you can appeal, you can file an EEOC complaint predicated on your age and their actions relative to your mistake constituting discrimination.

They should be able to work out a settlement based on this proffer from you. The key is having a pre-hearing conference on the matter to get this out on the table.

Customer: replied 2 years ago.

I've actually already had 4 pre-hearing mtgs that will have led up to my Hearing next week. They've offered me a "settlement" of simply retiring as you referenced. Bot***** *****ne: I need this job; retiring is not an answer to my situation. I want to fight it. I know about precedent being set, but my Rep says all those cases are "sealed". I know for a fact, previous Flight Attendants have been charged w/ same & are still flying.