Originally Posted by
JamesNoBrakes
Eligible for rehire does not go into FAA records, therefore, it is not part of FOIA. You can't FOIA from a private entity, only the government. When you FOIA pilot records, that includes only things the FAA gets, like certificate applications, disapprovals, knowledge test reports, etc. Company records contain things like training records and company action. Those are PRIA.
Not True. Once you sign that freedom information act form and consent you have given the hiring air carrier cart Blanche. Also remember the hold harmless agreement they have you sign.
Once they have that their are no laws that prevent an employer from asking Anything they want from your previous employer. There are no federal labor laws that prevent this. Since you signed a hold harmless agreement then they are protected in the event you decide to sue for defamation of character. Both your new employer and the former employer are protected. In a normal reference check any employer on the planet does this. Questions like the following are asked. Guaranteed.
Are you able to enthusiastically recommend this person?
"I'm really not supposed to say anything."
Is this person eligible for re-hire within your organization?
"I wouldn't know."
Could you fully describe the circumstances and reason for the separation?
"According to our agreement it was a mutual separation."
Could you describe any strengths and / or weaknesses of this individual?
"I'd rather not comment."
Could you suggest anyone else that I should speak to regarding this individual?
"You probably should speak with the VP of HR. He's handling this."
So on and so fourth. I am writing this to caution the original poster that indeed it can and most certainly will happen. Once you new employer hears you are not eligible for rehire then they raise an eyebrow. Trust me it happens. I'm not here to get into a ****ing match on what laws etc and who is right or wrong. This is common sense stuff here. I'm just trying to help someone out here on this forum protect his fragile pilot record and career history. Why? because I was in the almost the exact situation and required an aviation attorney to clear up bull**** that cost me 2 very lucrative job offers. If he wants guidance then contact these people
Reference Checking Services