Original Article – Jack Maher – 9news.com – Jan 20, 2012
KUSA – AirTran Airways has been ordered to pay over $1 million for firing a whistleblower pilot who reported several mechanical concerns. We looked at the case with Denver labor law attorney Kim Ryan on 9NEWS 6 a.m.
Besides the payout for back wages, interest and compensatory damages, the U.S. Department of Labor’s Occupational Safety and Health Administration ordered AirTran Airways to reinstate the former pilot. Ryan says the case dates back some five years.
The pilot’s complaint alleged that the airline removed him from flight status in August 2007, pending an investigative hearing regarding a spike in his mechanical malfunction reports.
According to OSHA, the airline held an internal investigative hearing in Sept 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot’s employment, claiming that he did not satisfactorily answer a question regarding the spike in reports.
An investigation by OSHA’s Whistleblower Protection Program found reasonable cause to believe that the termination was retaliation in violation of the whistleblower provision of the federal law known as AIR21.
Ryan says OSHA found that the pilot did not refuse to answer any questions, that his answers were appropriate, and the airline’s action was retaliatory. The airline apparently denied any retaliation and claimed it had legitimate reasons for terminating the pilot.
Either party can appeal to the Labor Department’s Office of Administrative Law Judges, but that would not delay the preliminary reinstatement order. AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando.
On May 2, 2011, Southwest Airlines acquired AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary. Ryan says OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.
Ryan says employees who believe that they have been retaliated against for engaging in protected conduct should contact legal counsel and may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program.
Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov
Ryan believes employers should carefully scrutinize termination decisions to ensure that they are not retaliating against an employee who has reported safety hazards or potential legal violations. It is often advisable for employers to seek legal counsel to assist management in developing best practices to avoid such legal claims.
For more information on this case, please visit www.KimberlieRyan.com
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