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Old 04-28-2021 | 09:36 AM
  #50  
y5du
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Originally Posted by Strenyakov
Good try Hav3ATPs but you are on the side of the debate without adequate support by the facts. We are talking about suits for the company's actions against employees, My cases were by employees that were wrongly terminated by TSH/Gojet and the employee sued and WON. Your cases are not:

Day v. Skywest is a passenger suing Skywest, not an employee

Hansen v. Skywest was a employee who sued for sexual harassment. It went to a jury trial and the jury ruled in favor of Skywest.

Hirst v. Skywest. This last case is a group of Flight Attendants who are suing claiming that the method of paying FAs using a block hour system, as all airlines do, resulted in pay below the minimum wage. I remember doing this same calculation as a pilot when I started with Gojet, it was close. Anyway, their case has has been dismissed several times in the pleading stage because they could not identify a single week where their pay divided by hours worked was below the minimum wage. The dismissals were upheld by the appellate court, Hirst petitioned for Supreme Court to heart the case and the SC denied the petition. The case is back at the pleading stage where Hirst is fighting another motion to dismiss.

On the other hand, GoJet was sued by their regional manager Cupp and Cupp was awarded about 350k in damages and atty fees. Sievers sued for termination when he took military leave. Gojet settled on the eve of the trial for an undisclosed amount and paid 170k for his attorney fees. And there are other cases they lost and paid. But TSH/Gojet, or any other company practices employment discrimination, they can still come out ahead When a company fires 5 people who have cancer or other such things that are going to require 200k each in their self insured medical plan and one sues them and it costs them 200k in legal and settlement fees, a company still comes out 800k ahead. GoJet didn't want guys taking military leave that interfered with their schedule, I bet other guard and reservists got the message. Gojet doesn't want people taking FMLA, I bet a lot of people got the message.

The system does not currently punish companies enough to stop the discrimination, the company still comes out ahead. To change companies behavior in the 21st century companies must know that their reputation will be affected by their actions and skilled employees will go elsewhere. If TSH wants to change they are free to change, but as of now they have not.
You need a better hobby man....
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