training contract suit

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virga
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training contract suit

Post by virga »

hey there is this pilot that I know who is going to small claims court as with his previous employer who is suing him for the training bond that was signed. without going into specifics of this companies operations and why "he" left, has anyone been in this situation before? What is the best course of action?
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trey kule
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Post by trey kule »

Hope this helps. There are two sides to the storey, so to speak, and without having all the facts, it is impossible to make a determination. The judge , in small claims court, will hear both sides, and make a judgement based on a legal term, called, balance of probabliities.

Sorry for not being more specific.
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Raydar
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Post by Raydar »

I am pretty sure I know the pilot you are talking about. No matter how unfair one might think the training bond to be, a signed contract is a signed contract and the courts will view the contract in a strictly legal sense. The company in question will be able to prove that they did not break the rules of the contract and that they expected the pilot to fulfill his requirements by either not leaving the company or paying the amount remaining on the bond. Sadly tort law does not take into account the "moral" aspect of the bond in this case. I hope he/she is able to avoid paying the remaining amount on the bond as this would be a great victory for pilots.
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rd1331
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Post by rd1331 »

Get them to go through every detail of the operation. If they are doing something against the regulations, which basically every company is, they should be able to get out of it due to unsafe workplace.

Otherwise just tell the person to resind there resignation and to tell his employer that he will no longer report to duty until all regulations are followed to the T, and until that time he will be working next door to make his living. That is if they don't have something in the contract saying he can't work for someone else well working for the company, which most don't.
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FrankD
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Post by FrankD »

I know I'll get $hit on for this but please explain how this would be a great victory for pilots?

I f this person wins and doesn't have to abide by a contract they willingly signed I would think operators would look at this and say "gee, the bond I get my pilots to sign isn't worth the paper it's written on, so f'em, let them pay the full cost of the PPC"
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Pitts99
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Post by Pitts99 »

We dont have all the required informations to have a just opinion about that situation.
But I prefer to see pilot signing training bond than having to pay upfront for their PPC. I'm againts the fact of paying any $$$$$ to work. But at some point I can understand the position of the company that try to protect the money that they invest in the training of pilots.

For this situation, it depends for what reason this guy left his job. If it's for a better job, sorry but that's the game; you leave before the end of the contract, you pay. That's it. That must be taken in consideration when you take the decision of changing for better.

But if it's for some other reasons like safety, or really bad condition of work that was not, that's different.

I would be curious to know what's the reason why he left.
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virga
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Post by virga »

what if the reason included sexual harrassment?
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Cat Driver
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Post by Cat Driver »

A he was sexually harrassed?

Tell us more.
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Pitts99
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Post by Pitts99 »

Well, if that includes sexual harrassment, it's really different. I think this pilot should also prosecute his boss for sexual harrassment.... That would give him or her more chance for the civil suit. Anyway, that's a tricky situation!
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Raydar
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Post by Raydar »

If the court rules in favour of the pilot then the legality of the training bond is called into question for all companies. Since there are many companies the operate without a training bond requirement, it simply puts the onus on company to offer a working environment that an employee would not want to leave ie: CMA. But since most companies that require training bonds are run on the sketchy side of things, they know pilots are going to jump at the very next job that comes along.

Would it not be great if a company thought "Hmm I need a new pilot for the (ie:metro) but i don't want to train them and have them leave right away. I need to create a better working environment."
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godsrcrazy
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Post by godsrcrazy »

Raydar maybe you should come back down to the ground. I hate training bonds too but look around they are becoming a fact of life and many well run companies are starting to use them. Face it there are some slimey people out here and not just in management. If more people were good to there word there would not be bonds. As i have said in other posts we would eat our own in this industry to get ahead. If this Guy or Gal loses tere court case because they were not good to there word then brace yourself there will be more training bonds show up. Beleive me a few of these cases go thru the courts and pilots lose nobody will get a job without a training bond. I know a few pilots that left companies with signed bonds and the reasons they left. If i was management I would have them in court as well. In short if this person left I hope its justified or we will all be paying the price. Are you willing to pay the price for someone elses greed I am not.
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pushyboss
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Post by pushyboss »

This is exactly why company's are forcing pilots to "pay" up front. Somebody said something about wishing the courts would look at the "morality" of the training bond, how about the morality of signing a contract then deciding to breech the contract. The pilot in question knew the details going into it, he signed the contract with his eyes wide open, and the company fulfilled their side of the agreement. If you are a "MAN" (and I mean that in a non gender sort of way) then live by your word. The moral or ethical road runs in both directions.

As for the suggestion to find any non-compliance or safety reason to refuse to work or to refuse to own up to your signature on the contract is patently ludicrous, particularly if you ever want to work in the business again. If the company has serious safety issues then you shouldn't have signed the agreement in the first place. But to exagerate normal working conditions into a reason to refuse either work or you obligation is, without question, unethical.

....and we all wonder why aviation is in the state that it's in.....
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