Originally Posted by
JamesNoBrakes
Where has anyone signed a FOIA related to a private entity? FOIA is used for government records.
You are right that there may be no federal laws prohibiting former employers for releasing records related to termination, but it has nothing to do with FOIA. If an employer is supplying records in violation of PRIA, you have a case to sue them.
Gentlemen, JamesNoBrakes is correct, the FOIA, is just for the govt side of the records request and PRIA is for the pilot training records and disciplinary actions that relate to performance as a pilot And disciplinary actions that directly relate to the termination/resignation of that pilot. But I would not want to place a wager on weather or not that employer will attempt to use the release of liability in their favor. I forget who said it, we are dealing with "(non) human Relations". These HR people are not aviators or aviation inclined at all. Heck H.S.H at RAH was HR of who was it Payless shoes? How does that relate to hiring pilots. Nothing against H.S.H but look at JetBlue. The HR dept on he pilot side is nothing but pilots. Pilots hiring pilots the way it should be. Pilots in HR know and understand PRIA, FOIA, Privacy act, FAA regs etc. it's in their blood.
Typically in the regional world HR personnel are not pilots. When a PRIA request is made the first person to get it is HR, they request your pilot records from the aviation department within that company where your pilot records are maintained separately from HR records. Those records get sent to HR, HR joins your HR records with your pilot records and then sends them in one email or envelope. They are not supposed to do that but it happens. AHoles.
Again Jamesnobrakes is correct about FOIA, PRIA etc. in a perfect world there should be no problem. But we don't live in a perfect world. We live in a world where the legal pendulum swings between apathy and paranoia. And that pendulum seems to be stuck on paranoia, companies are afraid of liability, They weigh their liability risks as to what is more damaging to their own image in the public eye. They would much rather take the risk of liability of being sued by one former employee for sending something they shouldn't rather than facing liability for not sending something and have the media jump all up in their face if that former pilot goes on to another carrier and has an accident. It's cheaper to just send everything they got on you and risk being sued by you vs being sued by hundreds of family's in a federal case if you go on and maybe have an accident. They are scared s-hi-tless of the Colgan results. Airlines have legal teams to protect them and very deep pockets. If you sue them, even if you have a slam dunk case against them, they will still do everything they can to bleed you of every penny you have to spend on litigation plus drag your name publicly through the mud along the process, it becomes public record and you are now what is known as a "Whistleblower". They may eventually cave in and settle. But I hope that settlement is a big one because Good luck getting a flying job after that. They know this and use it to their advantage.
I apologize that I am so passionate about this. It is because I got burned before and spent a lot of money and over 4 years to get a overturned decision removed from my record. Without involving litigation. It forced me to dig very deep into the PRIA act FOIA, Privacy act The GAO report on pria etc.I became somewhat of a S--thouse lawyer SME on it. I got a disciplinary action for something that was initially perceived as me doing something wrong but later determined by the DO that what I did was well within the scope of the policies and procedures and in the best interests of the company. The DA was thus overturned. But a high personnel turnover rate in the HR dept over the years and somehow that overturned disciplinary action was sitting in someone's desk mysteriously made it back into my record. I'd venture to guess the person who initiated it had their D--K slapped And made it a personal vendetta. Since it was overturned in essence I never received a disciplinary action and it's not required to be disclosed. I didn't disclose it there was no reason to. When it showed its ugly face it looked really bad and I lost 2 jobs because of it.
I believe in paying it forward. I try my best to educate as many pilots on how delicate our pilot records are and what they need to do to guard them with your life. I hate to see other pilots in the same predicament over frivolous BS
I wish JamesNoBrakes and I had law degrees I think we would be very successful in Aviation law. Hope to get to fly with you someday.