Terminated

Ajax

Ajax

¯\_(ツ)_/¯
As mentioned earlier in another thread, new company policy required me to be at the office 6 days a week for 8 hours a day without pay except for my time with students. I emailed the chief instructor asking for clarification and received a response affirming the new policy. New policy also dictated that if I wanted to utilize my only day off I had to request it a week in advance.

I had previously been reprimanded before this new policy went into effect for taking an afternoon off to sleep. I had a 7 am flight that day, and if memory serves me correctly I also had a 9am or a 10am flight. Then, I had a break before a 9pm to 2am flight and then a 7am flight. I felt that to satisfy the IMSAFE checklist I needed the nap in the afternoon and even cleared it with the school's owner. Despite my safety concerns and the owner's permission, I received a heavy, verbal reprimand.

Tomorrow I had a student from 7-9 and then free for the rest of the day. I had a personally issue to take care of and blocked my schedule off for part of the early afternoon to tend to it. Because of this and my hesitance to work unpaid I was terminated.

A company email was sent out to my students informing them of the action and I have been getting a lot of kind messages from my now former students. The messages have all been heartwarming as many thanked me for my instruction and told me that they will most certainly miss me and that they wish me the best in the future.

I joined the company realizing it was a new company and excited about the growth potential, unfortunately it didn't go that way.

If anyone has been in a similar situation please let me know, I could use some advice here. I am a relatively young flight instructor and I can't understand their stance on this.
 
That is a bummer, But if they are going to require you to be there and not pay you. I would tell them to take that job and shove it. Since you are young move on there and many flight instructor jobs opening up at the moment. Best of luck!

-Der Meister
 
I've been through a somewhat similar situation. My advice is, realize that if that is the way they do business, you are better off somewhere else. Take a few days off to relax, hang out with friends, whatever, then update the resume and start pounding the pavement. Don't worry about how it will look, many businesses realize that there are flight schools out there with, shall we say, less than reputable employment policies.
 
You may not see it now, nobody likes to be fired, but you are much better off. Reprimanding you for sleeping, demanding you be there but not compensating you, not giving you time to handle a personal matter when you have time available and it is no financial loss to them....screw that. With the industry picking up slightly, you should be able to find another instructing job.

Good luck.
 
jskibo said:
If he was considered a 1099 guy likely yes, company employee likely not. Could ask my attorney wife later tonight but she's not a labor specialist
Click to expand...

I am not a lawyer but I dont think this is true. If you are a contract (ie 1099) then you are not an employee so therefore they cannot require you to be there. The flip side of this is that since you are not an employee but an independent contractor, unless you have a written contract, they can just stop using your services. I would contact a labor atty in your state to get claridication. Good luck.
 
What I meant was they don't have to pay him to sit there and if 1099 they could tell him to if they wanted, his choice to follow that direction, and could terminate at any time with or without cause. Now if they were dumb enough to put it in writing then you may have something, however, at the wage you're likely earning, no lawyer would touch this on a contingent basis. Just not worth their time. If you want to put up a retainer, pay fee and costs and hope to recover a few months pay at best, go ahead and seek an attorney. Better step is to be thankful that you're not there for a career.
 
Termination?

No. Liberation!

Working for free for the sake of being employed is a serious party foul. However, your situation is not uncommon. All too often CFIs, particularly younger ones, are exploited (for lack of a better word) by schools expecting them to work in one way, shape, or form uncompensated. They are well aware that for many it is their first work experience, therefore they don't have much of a benchmark for comparison, not to mention the fact that so many are willing to sell their souls for flight time that they know they can get away with it.

Years down the line you will look back and realize that you were actually done a favor by being terminated. I know it might look a bit dark now, and no one wants the stigma of termination, but trust me when all is said and done you'll look back and smile.

Chin up. You'll be fine!
 
Hopefully this example should be indicative of the nature of the contract pilot/CFI. As a contract employee (1099), it should definitely be in your best interest to have a written contract up front of reasonable expectations for either party along with liability terms. A specific length of time and terms of contract termination should also be present in the contract. It isn't far-fetched to ask an employer to sign this. Remember that he/she is saving money by not paying in respective payroll taxes. Flight schools and business owners will (and do) take advantage of people without a sense of business.
 
Nigel Croker said:
I am not a lawyer but I dont think this is true. If you are a contract (ie 1099) then you are not an employee so therefore they cannot require you to be there.
Click to expand...

If you are 1099 (independent contractor), you set your own hours, and work under your own direction (you don't have a "boss"). If you are working under a boss, who sets your hours, that is closer to a W2 (employee).

If you are in fact a W2 - you have to be paid for every hour you are required to work. And get overtime. You can file a form SS-8 with the IRS and have them determine if you are a contractor or employee.

Either way, sounds like you don't want to work there.
 
Sounds like a horrible work environment, and equally terrible management. Congrats on getting away.....sounds like someone needs to give their safety officer a swift kick in the junk for being incompetent.
 
How much did they pay you per flight hour? You could get your own plane and start your own school... and if your students like you they might jump schools. It sounds like one of those schools that charges 75/hr for instruction, then pays the instructors 25/hr and says hey! your an independent contractor even though we only pay you for a portion of what we charge for you and don't claim you as an employee...
 
Ajax BU said:
As mentioned earlier in another thread, new company policy required me to be at the office 6 days a week for 8 hours a day without pay except for my time with students. I emailed the chief instructor asking for clarification and received a response affirming the new policy. New policy also dictated that if I wanted to utilize my only day off I had to request it a week in advance.

I had previously been reprimanded before this new policy went into effect for taking an afternoon off to sleep. I had a 7 am flight that day, and if memory serves me correctly I also had a 9am or a 10am flight. Then, I had a break before a 9pm to 2am flight and then a 7am flight. I felt that to satisfy the IMSAFE checklist I needed the nap in the afternoon and even cleared it with the school's owner. Despite my safety concerns and the owner's permission, I received a heavy, verbal reprimand.

Tomorrow I had a student from 7-9 and then free for the rest of the day. I had a personally issue to take care of and blocked my schedule off for part of the early afternoon to tend to it. Because of this and my hesitance to work unpaid I was terminated.

A company email was sent out to my students informing them of the action and I have been getting a lot of kind messages from my now former students. The messages have all been heartwarming as many thanked me for my instruction and told me that they will most certainly miss me and that they wish me the best in the future.

I joined the company realizing it was a new company and excited about the growth potential, unfortunately it didn't go that way.

If anyone has been in a similar situation please let me know, I could use some advice here. I am a relatively young flight instructor and I can't understand their stance on this.
Click to expand...

There is a specific IRS definition of an independent contractor based on:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html




  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

    If you want to play hard ball with your former 'boss', you may want to look into this: http://www.irs.gov/pub/irs-pdf/fss8.pdf







    Edit: As a W-2 Employee, it's even more ridiculous that you didn't get paid for the time you worked. Did you sign any terms of employment?
 
jskibo said:
If he was considered a 1099 guy likely yes, company employee likely not. Could ask my attorney wife later tonight but she's not a labor specialist
Click to expand...
If you're 1099 they can only require you to be there during your contracted time (student time). Anything you do at any other time is your business. If you are an EMPLOYEE they could require you to be there, but they would have to pay you a salary or hourly.
 
I had a similiar situation when I worked line when I was 16 and getting my PPL, while I was an hourly employee, my then boss informed me that even our days off, we are on call 24 hours, I simply told her....if I'm not suppose to work, I may or may not pick up the phone when you call. A few more words were exchanged then I quit!...my dad while dissappointed with me...was still dissappointed with me. I stand by my decision...
 
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