Post crash hypothetical situation

gkainz

gkainz

Final Approach
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Greg Kainz
Let's just say, hypothetically, that one experiences an "aviation incident" that leaves one somewhat shook up ... ok, very shook up. Hypothetically, of course, that someone could be, oh, let's say a young twenty-something female.

Our case study starts a new job at some hypothetical college (job offered and accepted prior to the incident) just a few weeks after the above incident, and her boss thinks it would be good if she should take a week or 2 off. The next day, our young study gets an email saying they needed to fill her position because she wasn't going to be able to work and the position is no longer hers.

Let's suppose the position is within the legal department of said college. What might be the outcome if our case study, a student at this college, calls and requests legal assistance from this department to investigate a wrongful termination?
 
Total conflict of Interest Greg. The Legal Dept will first find out who the potential defendant is an then tell her they can't help her. See my PM.
 
I'd say the boss type individual has never been offroading in an airplane before.
 
JOOC, what is the common remedy offered in "Wrongful Termination" suits? I wouldn't think "OK, we'll give you your job back." would be a good solution. Is it usually "Lost wages" or ???
 
CJones said:
JOOC, what is the common remedy offered in "Wrongful Termination" suits? I wouldn't think "OK, we'll give you your job back." would be a good solution. Is it usually "Lost wages" or ???
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I've heard of outcomes where the job was restored, and some where there was a large punitive damage payout (that might have been a whistleblower incident).
 
lancefisher said:
I've heard of outcomes where the job was restored, and some where there was a large punitive damage payout (that might have been a whistleblower incident).
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Would you want to go back to work there? I mean, I can't imagine the environment would be friendly or conducive to promotion.
 
I don't pretend to know anything about employment law but Colorado is an "at will" state which is different from some other states so it might be good to contact a lawyer who is based here.

In the majority of states, employees not working under an employment contract are deemed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Typically such reasons fall into one of two large categories: illegal discrimination or illegal termination in violation of a public policy. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.
In Colorado, there are two exceptions to the at-will rule based upon the legal principles of "public policy" and "implied contract." First, the public policy exception simply means that an employee cannot be fired for performing a legal duty or exercising a legal right. Second, a binding employment relationship may be found to have been created by an implied or an express contract. The contract theory usually arises in situations in which procedures outlined in personnel handbooks are construed as a contract between the employer and employee.
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From http://research.lawyers.com/Colorado/Employment-Law-in-Colorado.html
 
Yeah, the whole CO "at will employment" thing is a mixed bag. Pros and cons to the issue for sure.

Re: Troy's comment above, I would have to agree. One might win back the job, but I can't see it ever having a positive outcome.
 
Sue 'em and move on. Does this hypothetical person have the hypothetical "take a week or two off" in writing? Otherwise it's a lost cause.
 
Mari's on track! Anything in writing? She needs to seek Legal Counsel and see what, if any, her rights are based on her contract, if one was signed or based on the laws of CO. Sadly, she may not have any legal remedy!
 
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