TMC Jets
12-19-2012, 10:28 AM
#21
Flies for Fun
Joined APC: May 2012
Position: CE-172 Heavy
Posts: 358
Originally Posted by Cruise Check
The bottom-line is that THIS company chooses to take their former employees to court instead of assuming that their contracts are illegal. So, you may roll the dice and win the lawsuit, and you may even counter-sue to cover ALL your expenses in the initial lawsuit, but it may be a long road. This is all exacerbated by fighting a lawsuit in Indiana where you may live in Nevada, or wherever. TMC may be illegal, but they still have the upper-hand.
And all it would take is one pilot with a wealthy uncle to hire a smart trial attorney, refuse to settle, win big in a trial by jury then receive attorney fees and expenses, to set a nice precedent for other pilots and their attorneys to follow in future.
That's the problem with our court system, generally whoever has the most money and time wins.
12-19-2012, 04:27 PM
#23
Line Holder
Joined APC: Oct 2012
Position: Captain America
Posts: 71
Originally Posted by Cruise Check
The bottom-line is that THIS company chooses to take their former employees to court instead of assuming that their contracts are illegal. So, you may roll the dice and win the lawsuit, and you may even counter-sue to cover ALL your expenses in the initial lawsuit, but it may be a long road. This is all exacerbated by fighting a lawsuit in Indiana where you may live in Nevada, or wherever. TMC may be illegal, but they still have the upper-hand.
12-20-2012, 05:26 PM
#25
Gets Weekends Off
Joined APC: Dec 2011
Position: Left seat
Posts: 273
Anytime you see any kind of contract for a friggen job run the other direction,the only exception would be for signing up for the military. They have a contract for a reason people, because the job most likely sucks and after the newness of the job wears off you will probably want out after you realize what you got yourself into. I have had a few flying jobs,some bad,some good but never had to sign any contract just to put food on the table.
12-21-2012, 01:33 PM
#26
Banned
Joined APC: Oct 2010
Posts: 1,222
Unfortunately training contracts are enforceable. The only real way out would be if something was in the contract (like upgrade, pay, schedule etc) and the company didn't keep up it's end of the bargain...
If one is in a position to ask for demands before signing the contract by all means do so..... If it is a generic contract that just states you will work xx number of years, prorated etc.. And you quit before the duration, the courts will see it as non-contract compliance.
Judges and court systems do not care about career progression, or that you intended to stay but "hey, Delta called what could I do!" They also don't know or care about stuff like upgrades, unless it is written in the contract.
The Flex Jet pilot who won his case. (but really lost in the end because the case cost more than the contract) was able to prove that he had a reasonable expectation of upgrade (and was "promised" it before being hired) Somehow he was able to prove that case. But like I said, he paid more in legal fees than Flex wanted in training costs. For some reason he was not awarded the legal fees from Flex? (no idea why?)
On that note, if TMC is telling people "hey come here, upgrades are running 10 months!" Getting out of the contract "may" prove possible if you don't upgrade in "10 months"..... But that is a legal battle probably best left alone IMO..
The only sure way to avoid the whole thing is don't work for scumbag operators who abuse their employees. Which TMC seems to be a member of the club...
If one is in a position to ask for demands before signing the contract by all means do so..... If it is a generic contract that just states you will work xx number of years, prorated etc.. And you quit before the duration, the courts will see it as non-contract compliance.
Judges and court systems do not care about career progression, or that you intended to stay but "hey, Delta called what could I do!" They also don't know or care about stuff like upgrades, unless it is written in the contract.
The Flex Jet pilot who won his case. (but really lost in the end because the case cost more than the contract) was able to prove that he had a reasonable expectation of upgrade (and was "promised" it before being hired) Somehow he was able to prove that case. But like I said, he paid more in legal fees than Flex wanted in training costs. For some reason he was not awarded the legal fees from Flex? (no idea why?)
On that note, if TMC is telling people "hey come here, upgrades are running 10 months!" Getting out of the contract "may" prove possible if you don't upgrade in "10 months"..... But that is a legal battle probably best left alone IMO..
The only sure way to avoid the whole thing is don't work for scumbag operators who abuse their employees. Which TMC seems to be a member of the club...
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