I was working for a company and was on IOE. I became ill and had to miss 3 days. The third day the company told me to go to see a dr. I was in contact with the CP and operations and they knew I was ill. The DO called me and I didn’t answer because I was ill but I texted the chief pilot and ops and they know what was going on. Because I didn’t answer the DO phone call they terminated my employment and called it job abandonment because I was sick and wouldn’t fly. I didn’t abandon the job I spoke to the chief and operations daily. They put abandonment in the PRD. Does this sound legal? I didn’t abandon the job, I called in and spoke to them daily.

 

The employer terminated you for abandonment. This is what was listed in your pilot record database. You have the option of disputing this record, and including your comments in the PRD, which you should do. No one else can do this for you.

 

So they wrote that they consider the absences a voluntary resignation in the PRD. I didn’t request correction because I am afraid they will change it to fired in retaliation for making the correction request. Is this a legitimate concern?

 

That would be low of them but they already sound like scumbags so who knows. Right now you need another job flying. I recommend making that your primary focus. This may come up later though so make sure you save your medical records and a phone bill showing the calls as well as anything else that might substantiate your side of the story.

The good news is the 'mess up someone's record' game is common enough that most reputable employers will ignore a record from a known dirtbag shop. It is critical though that you make sure this doesn't happen again. Getting a second chance is likely, getting a third is less so. You don't want it to look like pattern behavior.

 

you are correct. I actually have another offer and I am afraid when they see the PRD they may not like the job abandonment. They never asked about anything related to this during the interview. I wanted to correct this before they see it but it may be too late.

 

Jeeze, what scumbag operator was this? That’s a rhetorical question, but I’m assuming it’s a 135 shop. It blows my mind of the dirty tricks aviation companies continue to try to pull these days.

 

Various legal firms represent pilots in issues involving the pilot record database. You should educate yourself as thoroughly about the PRD in advance, however. An older set of videos that I've linked before will give you a primer: https://www.youtube.com/@chrismorris9967 (not my videos)

https://www.faa.gov/documentLibrary/...AA_8060-15.pdf

Only you can dispute any entry in the PRD. Only you can authorize anyone to make a correction. You may grant or revoke permission for employers and former employers to view your record or access your record. An employer cannot simply alter your record. PRD records cannot be deleted. Entries can be edited, and in certain cases, the entry or information in the entry can be suppressed, but changes to the file, and access to the file (consent) must be granted by the file holder (you).

If you dispute your record, the employer has 10 days to respond.

Do you have documentation of your interaction with company personnel about your time off work, sick time, etc?

If you were employed as an at-will employee, either you, or the employer can terminate the employment relationship at any time.

You should consider use of legal services that are familiar with PRD disputes. (Barnetts, Pilotlaw, Aviationlaw, etc).

 

yes I have all the phone records and texts with ops and the chief pilot.

 

Is disputing the same as requesting a correction?

 

The new employer will see that you disagree with their classification of your reason for leaving if you request a correction. I'm not sure if that's helpful or not.

At this point I would wait for the new employer to pull it then go talk to them with your documentation if they ask. Try to act surprised.