FAA loses on botched drug test…
10-31-2022, 03:17 PM
#1
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FAA loses on botched drug test…
https://simpleflying.com/national-transportation-safety-board-judge-sides-american-airlines-pilot-lost-job-pilot-license/
https://www.forbes.com/sites/tedreed/2022/10/31/courts-side-with-american-airlines-pilot-fired-after-he-declined-flawed-drug-test-request/?sh=150a2f818743
Although it’s sort of a Pyrrhic victory for the poor pilot.
an excerpt:
In August 2020, Ingram, 64, became trapped in a nightmarish scenario involving a botched attempt by an employee of a ground services company. The employee sought to notify him to take a random drug test after a flight to Miami. She didn’t know his name and apparently thought he was somebody else.
Pilots are routinely administered random drug and alcohol tests. But under the circumstances, Ingram declined to be tested. Two months later, American fired him. Then the Federal Aviation Administration revoked his pilot license.
He has lived in limbo ever since. Unable to work in his profession, he spent his life savings. “That night was the end of all pay and benefits,” Ingram said. “I’ve exhausted my 401K and sold stock and two cars to survive.
Whatever the outcome, Ingram will never fly for American again. He cannot be retrained quickly enough to fly before his 65th birthday in January. The grievance and the civil suit will establish whether there is liability for American and Eulen America, the ground services company that employed the woman who mistakenly notified him that he should be tested. American declined to comment. Eulen did not respond to emails.
https://www.forbes.com/sites/tedreed/2022/10/31/courts-side-with-american-airlines-pilot-fired-after-he-declined-flawed-drug-test-request/?sh=150a2f818743
Although it’s sort of a Pyrrhic victory for the poor pilot.
an excerpt:
Courts Side With American Airlines Pilot Fired After He Declined Flawed Drug Test Request
DeWitt Ingram, a 21-year American pilot, wants his life back.In August 2020, Ingram, 64, became trapped in a nightmarish scenario involving a botched attempt by an employee of a ground services company. The employee sought to notify him to take a random drug test after a flight to Miami. She didn’t know his name and apparently thought he was somebody else.
Pilots are routinely administered random drug and alcohol tests. But under the circumstances, Ingram declined to be tested. Two months later, American fired him. Then the Federal Aviation Administration revoked his pilot license.
He has lived in limbo ever since. Unable to work in his profession, he spent his life savings. “That night was the end of all pay and benefits,” Ingram said. “I’ve exhausted my 401K and sold stock and two cars to survive.
Whatever the outcome, Ingram will never fly for American again. He cannot be retrained quickly enough to fly before his 65th birthday in January. The grievance and the civil suit will establish whether there is liability for American and Eulen America, the ground services company that employed the woman who mistakenly notified him that he should be tested. American declined to comment. Eulen did not respond to emails.
10-31-2022, 05:18 PM
#3
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Originally Posted by SonicFlyer
Both of those articles were so ****poorly written that it was nearly impossible to discern the chain of facts in the case....
11-01-2022, 06:12 AM
#7
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Originally Posted by Excargodog
I agree, but the more descriptive articles are all behind paywalls. The gist appears to be that the subcontractor hired by AAL to administer their random drug test fouled up and didn’t know who they were really supposed to random test. The person notifying the pilot allegedly used the wrong name and the pilot said that wasn’t him so he didn’t take the test. The person doing the notifying allegedly notified the company and the FAA that the pilot had refused to take the random test. the pilot has won his case against the FAA in NTSB court but has civil cases pending against AA, the subcontractor, and the individual who stated that he refused the test. That’s his story, anyway, and he has convinced the NTSB judge that the FAA PULLED HIS CERTIFICATES WITHOUT JUST CAUSE.
11-01-2022, 06:13 AM
#8
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Originally Posted by Twin Wasp
Hard to tell if he was 64 in 2020 or now but either way within a couple years of retirement and “burn through” your 401k in 2 years? What was the game plan if he had flown to 65?
And lawyer costs ain’t cheap either.
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