Search
Notices
Aviation Law Legal issues, FARs, and questions

Delaying resignation

Thread Tools
 
Search this Thread
 
Old 04-04-2018, 03:41 PM
  #1  
Gets Weekends Off
Thread Starter
 
EuroMexPilot's Avatar
 
Joined APC: Oct 2014
Position: Bent Over
Posts: 225
Default Delaying resignation

Good afternoon,

I have a class with another part 121 carrier later this month. Since my insurance won’t start until June 1, I was planning on resigning from my current part 121 carrier on May 1. I have worked it out so I won’t have any work on those days obviously, but I have heard that you can’t legally work at two part 121 carriers at the same time. The overlap would be about 6 days.
Is this a big deal? Has anyone done this before? Has anyone been burned by this before?
Thank you!
EuroMexPilot is offline  
Old 04-04-2018, 04:09 PM
  #2  
Prime Minister/Moderator
 
rickair7777's Avatar
 
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,211
Default

I don't think there's anything illegal about it.

But for some reason airlines really hate the idea, and will normally fire you when they find out (both of them). They will find out from PRIA or other background checks. You might get lucky and they won't notice.

Also most airlines actually terminate your employment after you last flight, regardless of where that falls within the two weeks.
rickair7777 is offline  
Old 04-04-2018, 05:04 PM
  #3  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,002
Default

You're talking about giving no notice, and actually working for a second carrier while you're drawing wage or benefits from the first?

You're concerned about the legal or the ethical incorrectness of this act?

It's rhetorical. That you're considering it makes clear that you're not concerned that that this is unethical, and if you don't see why, there's little sense attempting to explain it to you. That you're asking in a legal forum makes clear that you are concerned whether the matter is legal, which begs the question how you could ask if something's legal yet have no ethical concern.

What regulation do you think might be violated by working under more than one certificate holder?

There is no legal violation directly, as a number of alirlines employ contractors or direct instructors/check airmen on a part time basis or full time, but who moonlight doing work for other operators. I recently trained with one who works for two different airlines. He does so with full knowledge of both, however, and is authorized by both operators to provide those services.

There are companies which have requirements as policy that you work for no other operator while working for them; outside flying employment is prohibited by company policy, rather than by FAA regulation. When you violate that policy, you're subjecting yourself to actions outside administrative law (FAA); you're potentially treading on a civil matter, and could get yourself fired by the first airline (or the second) if found to be violating policy.

Why might the company(ies) fire you? See the ethical question implied at the outset. Again, would you really be asking if it's wrong on any level if you didn't believe so? That should tell you something.

Consider the implications of a firing and the impact it might have, and weight that in your decision. It's evident you're thinking of taking that chance, making your call a calculated one, yet it bears mention anyway.

Having said this, my response above does not consider additional unmentioned factors, such as operating on saved sick leave or other time; if you're in a situation where your company could not use you because you're burning off two hundred days of unused sick time or vacation days, or something else of that nature, then you have never been in a position prior to your resignation in which you may have been called upon to work for your present airline. The ethics of no-notice resignation while working for another carrier is still questionable and still looks bad, but is explainable on some level. Again, calculated action on your part, perhaps, but be careful. While not necessarily legal jeopardy, and justifiable by circumstance to you personally, it may not be viewed that way by either employer. Your second employer may not care that you're still on the books for the former; some may, some may not. I suspect that your former employer, however, would not be nearly so apathetic.
JohnBurke is offline  
Old 04-04-2018, 05:07 PM
  #4  
Gets Weekends Off
 
GogglesPisano's Avatar
 
Joined APC: Sep 2013
Position: On the hotel shuttle
Posts: 5,808
Default

If you begin employment in April why would your benefits not kick in until Jun 1?
GogglesPisano is offline  
Old 04-05-2018, 04:41 AM
  #5  
Gets Weekends Off
Thread Starter
 
EuroMexPilot's Avatar
 
Joined APC: Oct 2014
Position: Bent Over
Posts: 225
Default

Originally Posted by JohnBurke View Post
You're talking about giving no notice, and actually working for a second carrier while you're drawing wage or benefits from the first?

You're concerned about the legal or the ethical incorrectness of this act?

It's rhetorical. That you're considering it makes clear that you're not concerned that that this is unethical, and if you don't see why, there's little sense attempting to explain it to you. That you're asking in a legal forum makes clear that you are concerned whether the matter is legal, which begs the question how you could ask if something's legal yet have no ethical concern.

What regulation do you think might be violated by working under more than one certificate holder?

There is no legal violation directly, as a number of alirlines employ contractors or direct instructors/check airmen on a part time basis or full time, but who moonlight doing work for other operators. I recently trained with one who works for two different airlines. He does so with full knowledge of both, however, and is authorized by both operators to provide those services.

There are companies which have requirements as policy that you work for no other operator while working for them; outside flying employment is prohibited by company policy, rather than by FAA regulation. When you violate that policy, you're subjecting yourself to actions outside administrative law (FAA); you're potentially treading on a civil matter, and could get yourself fired by the first airline (or the second) if found to be violating policy.

Why might the company(ies) fire you? See the ethical question implied at the outset. Again, would you really be asking if it's wrong on any level if you didn't believe so? That should tell you something.

Consider the implications of a firing and the impact it might have, and weight that in your decision. It's evident you're thinking of taking that chance, making your call a calculated one, yet it bears mention anyway.

Having said this, my response above does not consider additional unmentioned factors, such as operating on saved sick leave or other time; if you're in a situation where your company could not use you because you're burning off two hundred days of unused sick time or vacation days, or something else of that nature, then you have never been in a position prior to your resignation in which you may have been called upon to work for your present airline. The ethics of no-notice resignation while working for another carrier is still questionable and still looks bad, but is explainable on some level. Again, calculated action on your part, perhaps, but be careful. While not necessarily legal jeopardy, and justifiable by circumstance to you personally, it may not be viewed that way by either employer. Your second employer may not care that you're still on the books for the former; some may, some may not. I suspect that your former employer, however, would not be nearly so apathetic.
My schedule is already clear of all trips during the time the resignation would occur so I would not be called in for work. They are already days off.
I would be giving them a standard 2-week notice, just about 5 days later than normal.
By the way, I was actually able to get the days off with the help of my supervisor for the sole purpose of doing this, but then a friend mentioned I can’t work for 2 part 121 carriers at the same time and that’s where the question came up.
I don’t find it unethical when I went to my Supervisor and asked and she agreed and dropped a trip for me.
EuroMexPilot is offline  
Old 04-05-2018, 04:44 AM
  #6  
Gets Weekends Off
Thread Starter
 
EuroMexPilot's Avatar
 
Joined APC: Oct 2014
Position: Bent Over
Posts: 225
Default

Originally Posted by GogglesPisano View Post
If you begin employment in April why would your benefits not kick in until Jun 1?
The benefits start the first month AFTER your 30-day point.
So that would leave me uncovered for 1 month.
I guess I could pay almost a grand for COBRA or just hope nothing happens. But if my supervisor is willing to accept my resignation on May 1 so I can be covered I don’t see the harm. I’m just wondering if there is some rule against technically working for 2 part 121 carriers at the same time.
EuroMexPilot is offline  
Old 04-05-2018, 06:34 AM
  #7  
Prime Minister/Moderator
 
rickair7777's Avatar
 
Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,211
Default

There's no far or law they says you can't.
rickair7777 is offline  
Old 04-05-2018, 07:37 AM
  #8  
Gets Weekends Off
 
Joined APC: Jun 2010
Posts: 389
Default

Originally Posted by EuroMexPilot View Post
The benefits start the first month AFTER your 30-day point.
So that would leave me uncovered for 1 month.
I guess I could pay almost a grand for COBRA or just hope nothing happens. But if my supervisor is willing to accept my resignation on May 1 so I can be covered I don’t see the harm. I’m just wondering if there is some rule against technically working for 2 part 121 carriers at the same time.
COBRA can be back dated 60 days. Pilots do this all the time. For that one month, they just don’t pay. If nothing happens, great. If something does, make sure you send in the check for COBRA before 60 days.
IDIOTPILOT is offline  
Old 04-05-2018, 08:47 AM
  #9  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,002
Default

Originally Posted by EuroMexPilot View Post
By the way, I was actually able to get the days off with the help of my supervisor for the sole purpose of doing this, but then a friend mentioned I can’t work for 2 part 121 carriers at the same time and that’s where the question came up.
Ah, the classic "a friend said."

A friend would have provided a reference, rather than sewing seeds of doubt.
JohnBurke is offline  
Old 04-05-2018, 10:23 AM
  #10  
Gets Weekends Off
 
155mm's Avatar
 
Joined APC: Nov 2014
Posts: 454
Default

When I was hired I had to fill out a resignation form that was faxed to my previous employer. Check on COBRA insurance coverage!
155mm is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
bull
Major
33
03-25-2014 04:31 AM
LifeNtheFstLne
Aviation Law
9
03-09-2010 04:10 PM
FEXFNG
Cargo
22
03-17-2009 10:46 AM
nicale
Career Questions
8
09-14-2008 06:46 AM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices