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Old 04-04-2018, 04:41 PM   #1  
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Default Delaying resignation

Good afternoon,

I have a class with another part 121 carrier later this month. Since my insurance wonít 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 wonít have any work on those days obviously, but I have heard that you canít 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!
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Old 04-04-2018, 05:09 PM   #2  
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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.
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Old 04-04-2018, 06:04 PM   #3  
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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.
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Old 04-04-2018, 06:07 PM   #4  
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If you begin employment in April why would your benefits not kick in until Jun 1?
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Old 04-05-2018, 05:41 AM   #5  
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Quote:
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 canít work for 2 part 121 carriers at the same time and thatís where the question came up.
I donít find it unethical when I went to my Supervisor and asked and she agreed and dropped a trip for me.
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Old 04-05-2018, 05:44 AM   #6  
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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 donít see the harm. Iím just wondering if there is some rule against technically working for 2 part 121 carriers at the same time.
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Old 04-05-2018, 07:34 AM   #7  
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There's no far or law they says you can't.
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Old 04-05-2018, 08:37 AM   #8  
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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 donít see the harm. Iím 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 donít pay. If nothing happens, great. If something does, make sure you send in the check for COBRA before 60 days.
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Old 04-05-2018, 09:47 AM   #9  
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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 canít work for 2 part 121 carriers at the same time and thatís where the question came up.
Ah, the classic "a friend said."

A friend would have provided a reference, rather than sewing seeds of doubt.
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Old 04-05-2018, 11:23 AM   #10  
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When I was hired I had to fill out a resignation form that was faxed to my previous employer. Check on COBRA insurance coverage!
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