There has been some good advice....
Albie -- I'm posting directly to the board so that others may ask questions and/or see my "legal advice." (Remember I am flying full-time and NOT practicing.....)
First, I am not licensed in Florida, however, am licensed in Michigan (which is also an "at-will employment" State). Any pursuit of litigation would be under either the State statute and/or the theory of wrongful termination (think employee handbook and/or company policy).
DLRedline hit it precisely -- LOOK AT THE COMPANY HANDBOOK.
If the pilot is flying a GV, then I would make the presumption that the company is large and employs many individuals. As such, there is a personnel department and, when the pilot was hired, he was given a company policy and/or manual AND an employee handbook -- generic to the company but not his position. I would definitely look under "termination" because it MAY have the standard language that "he is an at will employee and said employment does not create a contract.....etc.)
If he is lucky, there might be some type of statements regarding causation for dismissal -- the usual -- tardieness, absenteeism, alcohol/drugs. There might be some help in the employee handbook and/or company manual that a labor/employment attorney could utilize. If he does not have these materials, is there anyone on the "inside" who would be willing to provide a copy for him to view??
Next, I would look to Florida Statutes and case law regarding employment-at-will. Being a Southern State, I would believe that it is very pro-business vs. pro-labor. As such, there may not be much recourse available.
Finally, AND THIS IS THE STRONGEST ARGUMENT.....did he retain a copy of the NON-COMPETE agreement the company wanted him to sign? Non-compete agreements are legal, however, they have to be VERY specific with a duration and/or type of employment sought. Additionally all non-compete agreements/clauses are viewed case-by-case. If the company is forcing (what I would consider) an indentured servant type non-compete agreement, he MIGHT have a case.........
Alas, even though it is the strongest, it wouldn't be considered "ripe" for litigation, unless he signed the clause/agreement, sought employment elsewhere, and was terminated therefater.
DLRedline was also correct with respect to the discrimination issues: Is the individual in a defined protected class? (Curious DL -- what state are you licensed??).
Other comments:
I a not familiar with the jetBlue process, however, most other companies will NOT complete a PRIA and/or work history background check unless it is authorized by the prospective employee (i.e., "Please do not contact my present employer unless there is an offer of employment). Was there some type of breakdown in this process?
Since he is married with a family to support, I would also apply for unemployment. First, it would be some type of (albeit menial) income, it is better than nothing. Second, every time a company is required to pay unemployment (or worker's comp), their rates increase.
NOTE: The company will fight the unemployment benefits, however, it is a starting point. For example, when the unemployment forms are completed, there is a box to check "reason for unemployment" (not familiar with the exact wording of FL). If he does plan litigation in the future, the court will look upon whether or not he applied for unemployment and WHAT WAS THE REASON FOR THE UNEMPLOYMENT.
Additionally, if he is an AOPA member, he should contact them. Yes, they normally handle pilot certificate actions, a/c issues, etc., however, he might find an attorney in the state of FL that is also an employment/labor attorney who already "understands" pilot issues.
I would also advise him to obtain a copy of his personnel file, signed by the Personnel Manager. indicating the number of pages in the file, etc. This will be important when he is looking for work at a later date. There will be no surprises and the company would not be able to add "hurtful" information.
SHORT ANSWER:
CONTACT AN EMPLOYMENT ATTORNEY
(Note: If this is a large company in FL, there might be issues finding an attorney to take the case: conflict of interest and/or the practice is interested in working with that specific company.)
I am very sorry to hear about the misfortunes of another pilot. I strongly believe that when there is an abundance of pilots on the market, we see many employers "true colors" (good and bad). Or call it the laws of supply and demand.
Take care & Fly Safe
Just because you make it to the second phase does not mean jetBlue will offer you the job. I made it to the second phase and had nothing in my background history and I got my DHL letter on the 7th of Jan. I had a type with 2300 hrs.on the bus, and 12,000 total with 4000 PIC and 17 yrs of 121 exp.
