New Info on FlexJet

[Kermit_D_Frog]

OK Dilbert/KSU, seems you couldn't manipulate the "linky" Forget the training contract its illegal...


How about -

Thread: Flexjet​

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04-05-2004, 10:23 #8 Xdriver vbmenu_register("postmenu_319714", true);​

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Forget the training contract its illegal. I went to court in Dallas and won. Flexjet had no leg so stand on and they knew it. If you want details private me. The bottom line is whatever they make you sign its been tossed out in court in Dallas county.​

Hell I even won damages and my lawyer's fees​

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It ain't what you want it to be. It is what it is.​

That was then, this is now. Believe what you want, but you need deep pockets to fight a legion of lawyers. Winnable? Maybe. Expensive? You better believe it. Worth it? Not really.

Oh yes; proof? Do it and see what happens. I already know. Do you?

 

[Flywrite]

I do agree with that. It should be a case by case basis. But reading some of these post, sounds like they are just try to get something and give nothing in return.

Problem with a 'case by case' basis is that if they dont go after one person, then it makes it harder to go after the next. Like so much of employment law they have to treat everone the same.

An easy solution for someone looking to get out of owing money on a contract is to ask the next potential employer if part of the compensation package can include paying off the previous contract. If they do then everyone is happy because:

1. Felxjet gets the contract money
2. The pilot gets a new employer who cares about a quality individual more than penny piching and doenst leave owing money or worrying about legal action.
3. The new employer gets an employee who has shown that they care about leaving the past employer on good terms.

 

[ksu_aviator]

So you couldn't figure out the "linky" thing?

Alright, fine...you so desperately want to be proven wrong, so here you go.

1. Your "linky" led me to this:

"2) Any party to such a contract shall have the right to recover damages for a breach of the contract occurring during its term in an action commmenced during or after its term, but within the applicable period prescribed by law."

2. You post a link to an annonymous poster that claims to have won a case, yet at www.dallascounty.org you will not find this case.

3. The answer to the question "do they" is "can they?" Because if they can, it does not matter if they have or have not. Your case stands alone and if you have signed the contract and breached it, then you are liable for the prearranged settlement that you agreed to in the contract unless you can renegotiate the terms.

You need to understand something about contract laws. A "training contract" is a vehicle used by employers to protect themselves. In the contract, they agree to train you on a specific aircraft (an asset you retain and can not be returned) while you agree to remain employed until such time as you are released or a specified date has passed. So the contract is for the employee to provide services in exchange for compensation (including wages, training, health insurance, etc.) Should the employee breach the contract through employment termination, the employee can be required to repay the company a certain portion of the contract as compensation. Generally, the breach terms are agreed to in the initial contract. I.e. "The employee shall pay $xxxx.xx"

Most employers, like FlexJet, prorate the cost as to be more fair to the employee. They are under no legal obligation to do so.

A better example would be construction. If a person hires a contractor to build a house, that contractor is obligated to finish the work (just like a pilot is obligated under a training contract). Should the construction contractor not complete the work, the person that hired the contractor has a legal right to regain all of the money given to the contractor. Why? Because the contractor did not complete the contract the contractor is not entitled to any of the compensation.

Generally, you won't see that because the contractor will almost always have a clause in the contract that allows them to keep money for the materials and labor used on a partially completed home.

The point is, claiming a training contract is not legal is complete fantasy. Training contracts, in principle, are 100% legal. A training contract may contain provisions that are against federal, state or local law, in which case that contract would be void. However, I seriously doubt that FlexJet did not research all of the applicable laws when they composed their training contract.

 

[doylehargraves]

This is why most airlines are in trouble. Pilots think they know "business" and, they know what's best for their company and everything around it. When airlines put pilots in charge, bad things are bound to happen. Why do we have to feel like "we" can run this better than anyone? Why can't we just be pilots and be happy?