LadyJustice

Late today the 7th Circuit Court of Appeals ruled against GoJet in its appeal in the case of Cloutier v. GoJet and even sent the case back down for the District Court to increase the damages award. Cloutier v. Gojet. In its 46 page opinion the unanimous court went through each of GoJet's appellate arguments and painstakingly explained why GoJet was wrong on the facts and the law.

The pilot began medical leave for type II diabetes that required at the time that the pilot be on the medicine for 60 days and to then submit medical reports and tests to the FAA for approval. A process that would take about 75 days. GoJet was required to provide any employee taking FMLA leave with a number of notices explaining to him his rights and responsibilities, how much leave he had available and other things. GoJet only approved an amount of leave less than the FAA's required protocol. Cloutier informed GoJet no less than 4 times that the approved leave would not be enough and that he could not return until near the end of August. GoJet ignored the information and never extended the leave or inform him that they were denying the leave. In fact, the evidence had shown that shortly after Cloutier began medical leave the VP of Operations, Steve Briner emailed Base Manager Tracey Ryan and the new Chief Pilot, Randy Bratcher, : "I do not want you to reach out to this man again either via phone or e-mail. Let Randy know the instant you are back in the office if he calls or sends an e-mail, so we can all discuss. After his [FMLA leave] ends, our intent is to terminate his employment for noncompliance with the law. Steve. Ryan acknowledged with a reply: “Will do – thank you.” The 3 followed the conspiracy and ignored his communications. When he did not return at the end of the shortened approved leave because the FAA had yet to approve his medical, they terminated him.

LadyJustice

Teamsters local 618 filed a grievance on Cloutier behalf, but Gojet refused to arbitrate. The matter went to arbitration and the arbitrator ruled that Gojet was required to arbitrate. Despite the ruling, Gojet still refused to arbitrate. Cloutier's time to file suit on his statutory claims was limited so he filed suit. GoJet moved to have the suit dismissed claiming that Cloutier was required to arbitrate the statutory violations, despite the fact that it had refused to arbitrate. Judge Der Yeghiayan ruled with Cloutier that the CBA did not "clearly and unmistakably" require statutory claims to be arbitrated as would be required.

GoJet had also argued that Cloutier had not followed its policy to request leave. The "policy" if it could be called that, was posted on its website and even the Chief Pilot testified he did not know it was there. The policy directed employees to contact the Human Relations Department to request leave, yet Gojet has never had a Human Relations Department. The Appellate Court pointed out that it was impossible for an employee to request FMLA leave under the "policy".

GoJet also argued that Cloutier was not justified at rejecting GoJet's offer of reinstatement that came 3 years after his termination. The former Chief Pilot, then VP of Ops, now first officer at Atlas, Randy Bratcher testified at trial that they could have given him one simulator ride, a check ride, and then have him out flying the line and that he would not need to go through training again, despite the 3 years away, and despite all the changes in procedures.(How dare the jury and the judge not believe Randy?)

The appellate court not only rejected each and every argument that GoJet put forth, it granted Cloutier's cross-appeal and sent it back to the district court with instructions to recalculate the front pay award in a more favorable method for Cloutier. The original judgment for Cloutier was over 700,000 in lost pay, lost future pay, liquidated damages, and attorney fees.

LAXtoDEN

What an absolute nightmare. I’m sure one of the clown boys will be defending GoJet by early morning on this incident.

LadyJustice

This was the case that broke the camel's back with Delta, although I am sure there were other reasons. Delta does not want to take the chance of having a news story written that they save money by using regionals that reduce costs by firing employees who incur or might incur medical expenses. In August 2019 Delta announced they were taking their flying from Compass and Gojet.

Word to the wise, before you violate the law and fire one of your employees, make sure he is not friends friends with the mainline CEO's father-in-law and not on the guest list for another mainline CEO son's wedding.

Varsity

That's incredible justice, if true.

StlLifer

One problem that nobody talks about, is the problems you have when the union representative(s) are mainly interested in hob knobbing with the company management. Not all of the reps, but at least one did back then, big time.

This case was pretty typical of how GoJet operated. They demanded that the pilot fly to Missouri to see "their" doctor before he could return to work once the FAA checked and approved him. The contract and FMLA said they could not do this. He pointed out the contract forbid that. The VP of Ops sends out an email to set him up so they could fire him. They terminate him and the union (Teamsters) files a grievance. GoJet refuses to arbitrate, their standard operating procedures to delay things. 13 months later they arbitrate about whether GoJet must arbitrate. Arbitrator rules they must arbitrate. GoJet still refuses. Pilot must file complaint before the statute of limitations expires or lose the right to sue. He files. Gojet then argues that he can't sue because the contract requires that he arbitrate statutory clams. It does not. A court had already ruled the contract did not require arbitration of statutory claims in another case. GoJet files motion to dismiss case. Judge says no, the contract does not require arbitration. That judge retires. Gojet files motion for Summary Judgment saying contract requires arbitration, new judge says-no it doesn't. GoJet loses trial. Gojet moves for judgment arguing the contract required arbitration. The court again says, no it doesn't. GoJet files an appeal claiming contract required arbitration only, appellate court says no, for the 5th time.

The funny thing is, GoJet is still refusing to arbitrate, even on the claims that are not statutory. I guess after a while, everyone just gives up on the arbitration. Perhaps it is time for ALPA?

Here is another case where GoJet made the same argument, and surprise, they lost the argument. Gojet settled the case then so it could not serve as settled law. With the appellate decision they won't be able to do that. https://casetext.com/case/south-v-gojet-airlines

GojetFires

Let's not kid ourselves by believing that GoJet "lost" the suit. They sent the message out to 600 pilots and another 700 or so FAs that if you take FMLA leave that you might not be coming back. So GJ saves some money there. And GJ sent the message out that if you try to enforce the contract they will terminate you and there is not one thing the "Union" can do to help. So they will save a lot of money there. And then there is what seems to be their practice of firing employees who have expensive medical issues. They may have lost a little on this one but they come out ahead if you take them all into consideration.

So I am congratulating GoJet for their overall victory. Nothing that happened stops them from saving more money in the future using these methods.

rickair7777

Get your head down, get your time, GTFO.

Like Global Thermonuclear War, the only way to win the regional game is to not play (or not any longer than you absolutely have to).

tallow

Or just don't go there and work for a reputable employer. RL and Hulas have always been shady characters. Work for them at your own risk.

RabidW0mbat

you say this like a lot of us at the regionals aren’t trying...