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Excargodog 09-14-2019 10:26 AM


Originally Posted by VOLLU (Post 2887208)
It's not as simple as that. Although this original poster wants to bust his contract merely because he has a "pretty good opportunity to go elsewhere," what about a situation where the employer breached the contract by blatantly and intentionally misrepresenting compensation, schedule, QOL, opportunity for advancement, etc? Do you think the pilot is still morally precluded from seeking a way out?

See Flexjet case above. You gotta weigh the benefits versus the costs.

That guy had the option of finishing out his contract (another 6 mo IIRC), paying back $5280, giving 45 days notice and paying back roughly $2400 (half the pro rata amount he would then owe), or taking his employer to court over the $5280 because he believed his employer blatantly misrepresented the contract.

He opted for the latter and the jury agreed with him, allowing him to avoid paying the $5280 at the cost TO HIM of $70k in legal bills. That may have been a legal victory but from where I’m sitting it looks a lot like a loss.

So no, the pilot certainly is not precluded from seeking a way out, but doing so is not without risks of its own, monetary risks certainly, but also career risks.

Far better to do your own due diligence concerning the employer before you sign an abusive contract, realize it is an abusive contract, and don’t sign it at all.

dera 09-15-2019 06:24 PM


Originally Posted by Excargodog (Post 2887276)
See Flexjet case above. You gotta weigh the benefits versus the costs.

That guy had the option of finishing out his contract (another 6 mo IIRC), paying back $5280, giving 45 days notice and paying back roughly $2400 (half the pro rata amount he would then owe), or taking his employer to court over the $5280 because he believed his employer blatantly misrepresented the contract.

He opted for the latter and the jury agreed with him, allowing him to avoid paying the $5280 at the cost TO HIM of $70k in legal bills. That may have been a legal victory but from where I’m sitting it looks a lot like a loss.

So no, the pilot certainly is not precluded from seeking a way out, but doing so is not without risks of its own, monetary risks certainly, but also career risks.

Far better to do your own due diligence concerning the employer before you sign an abusive contract, realize it is an abusive contract, and don’t sign it at all.

You got it the wrong way round. He did not have to take the employer to court. The employer had to take him to court to collect the money.

Excargodog 09-16-2019 02:02 PM


Originally Posted by dera (Post 2887949)
You got it the wrong way round. He did not have to take the employer to court. The employer had to take him to court to collect the money.

From the pilot’s perspective, he avoided paying $5200 at a cost of $70,000. I would not consider that a win personally.

dera 09-16-2019 04:51 PM


Originally Posted by Excargodog (Post 2888349)
From the pilot’s perspective, he avoided paying $5200 at a cost of $70,000. I would not consider that a win personally.

It was a pretty hollow victory.

But FlexJet sued first. He countersued. Which IMO was a mistake and cost him a lot.

colonials13 04-22-2020 08:11 PM

What if...
 
An employer reduced your pay rate and minimum guarantee, without a new signed contract? Keep in mind, the final line of this particular contract states: “The Pilot and the Company can restructure or amend this agreement at any time by signing a new agreement.”


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