PRIA questions

[Dennis]

Got a PRIA question:

Can a company legally require you to sign a form indemnifying them from prosecution if they have defamed you via your record PRIOR to releasing them to another company if the proper FAA paperwork has been filled out??

i.e., my company has recieved the PRIA request from the company I am leaving them for, but has told me that they will not release my records as required by law until I sign this waiver. There shouldn't be anything in my record negative, as I have had no training problems or FAA actions, but the fact that they want cart blanche to defame me makes me wonder what is going on. Lately they have been harrassing FO's who have left for greener pastures.

Can anyone tell me if this is legal???

Thanks.

 

[Gofish]

Methinks this is illegal.

 

[DrewBlows]

If a company won't release records required by law, it's between the company and the federal government. You have no obligation to sign anything except the PRIA request for the new company.

 

[FlaZoomie]

Call the FSDO and let them in on the conversation/request to sign. See what they say.

 

[Cookie Monster]

good old trans states!

 

[trainer8]

If a company won't release records required by law, it's between the company and the federal government. You have no obligation to sign anything except the PRIA request for the new company.

I agree. PRIA is a federal law. You sign the forms releasing the PRIA information. By law, your company must comply. They might delay, but the must comply.

I'll also say this. They didn't think this up on their own. They got burned by someone. This is "lawyerese" to get a potential/future suit to go away.

I'd call their bluff.

I'd also spend a little cash and consult a lawyer who is aviation savy. If you are a AIR, Inc. or AOPA member they may have a fee for such services. Yeesh, if your an ALPA member, call ALPA Legal.

T8

 

[LR25]

Can an airline find out if you worked for a company if you do not put them on your resume?

 

[aussiefly]

The courts are powerless to enforce and illegal contract or any contract which specific performance would require an illegal act. Therefore any contract or agreement you sign would be unenforceable.

You cannot make an agreement assigning your right of action int he event of a crime being commited. Otherwise drug dealers would be signing distribution contracts.

Note:I am not a lawyer but I played one on T.V once. Seriously though law school was a long time ago but the above is correct. They cant indemnify themselves against an illegal act.

FN-FAL would you like to chime in ???

 

[igneousy2]

Found this on the FAA website...hope it helps.

8. May a requesting air carrier require the pilot to execute a release from liability for any claim arising for furnishing records?
Yes, provided there are no other provisions of law or agreements to the contrary. An air carrier making a request for records, or is providing records in accordance with a PRIA request under 49 U.S.C. § 44703(h)(1) may require the individual, who is the subject of the records request, to execute a release from liability for any claim arising from the furnishing of such records to, or the use of, such records by such air carrier [other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute] (See 49 U.S.C. § 44703(i)(1) and (3)). The FAA does not provide a standard release form for use by the air carrier. Any release form that has been approved by, and is acceptable to the air carrier, may be used.
NOTE: Even though an air carrier may require the execution of a separate release of liability, the PRIA statutes referenced above already provide protection for the company, and any additional release of this type would be redundant and not necessary.


Here is the link...

http://www.faa.gov/pilots/lic_cert/pria/overview/media/qa.rtf

Later,

 

[aussiefly]

Good post BUT that liability release still does not protect them from defamation common law. So if the information is proved to defame the individual AND it was entered into the system by a specific person at the carrier then that person has committed a civil offence and the liability waiver would not cover them

The orignial poster was talking abotu the company defaming him through his pria records. Its just worth noting that the PRIA legislation does NOT cover that evenutality nor afford any protection from civil process in light of defamation.

Obviously the causation of the issue is wether indeed defamation has occured.

 

[DAL737FO]

The only way you are going to find out that you got tubed during a PRIA is to request whatever they send to be sent to you also. I think there used to be a box on the form requesting that.

 

[Dennis]

Thanks for the input guys,

It sounds like I gotta sign the damn release if I want to move on. I was just concerned that I was being set up or at least jerked around, but I guess not. I do find it funny that the same section of federal law that they say requires me to sign the form includes a note that says the form is redundant and unnecessary. Gotta love those guys dontcha......................

Thanks again!

Dennis