Flight Attendant sues Oprah Winfrey...........does she have a case?

[Healthy Environment]

Oprah fired the flight attendant for allegedly having sex on the plane.

The flight attendant denies the charge.


So the flight attendant is suing her for wrongfully firing her.



Here's my question:
Oprah resides in Chicago, Illinois.
Illinois is an employment-at-will state; meaning; the employer can terminate the employee for any reason (except race, gender, ethnicity, religion or national origin).
So if Oprah wants to fire the flight attendant, even if she's innocent....
She has a right to do that!
Oprah can fire her for any reason! whether it be for having sex on board,
or for wearing the wrong pair of shoes or for being a fan of the wrong sports team. or for wearing a funny hat.
She doesn't need a justified cause to fire her...........does she?

but then again; even though Oprah resides in Chicago........the flight attendant might not. The flight attendant performs her duties in the air across multiple states; so which states' laws apply?


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[Docker]

The state in which she was hired as a flight attendant would be the laws that govern her.

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[laughter_every_day]

Being an "at-will" state merely means that in the absence of a contract, both sides can terminate at any time for any reason. If one has a contract, individually or via a union, the contract controls. Sometimes determining what law controls employment is difficult but it is usually the place in which the contract was made.

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[sgoldperson]

OK first this would be better in LAW and Ethics then Politics. This is about LEGALLY questions, not political ones.
To answer the jurisdiction it starts with where the company is based. The At-Will MAY apply but there is more to it. This is likely wrongful termination and that doesn't matter if they aren't a "protected class". If the Flight Attendant was TOLD she was fired for breaking a rule she didn't break then she has an argument. That's why in "at-will" you are normally simply told you don't work here anymore/you're fired. They won't give you a reason because then problems can come up. Yes the woman could have been fired for no reason, BUT once you give one the issues can start.

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[mrs_endless]

Goes to prove that Oprah is as hateful as all those who have been to her show say she is.

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[Abstract Lagniappe Anomaly Bama]

This would fall under federal law as the Federal Aviation Administration governs the activity of aircraft. Even if Oprah is her boss, once the Oprah steps on the plane by law she is under the authority of the flight crew. They are in charge. Case in point a 2 stripe Air Force crew member outranks a 5 star general in authority if the general is a Passenger on a plane where the crew member is part of the flight crew. FAA rules apply to all US aircraft.

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[mayna_smo_mry]

oh geez. guess the fat woman is jealous it wasn:t her having sex.
wonder how much truth is in the tabloid of her and Michelle's spat? maybe she will try to sue the tabloid .
whatever i"m hoping the attendant wins. she needs to know she is not the most important person in the universe.
Michelle is not too stupid to know she has the hots for barry.
she says it;s not barry that is upset with her , only michelle.she just knows barry feels the same about her. I love a good show and this one is great.
Me thinks Michelle's claws are out.

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[jhr4games]

Here's my opinion:

A little history lesson about the origins of the "at-will employment rule":

The at-will rule has its genesis in a rule in Horace Gray Wood’s 1877 treatise on master-servant relations. Wood cited four U.S. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year.[3] In Toussaint v. Blue Cross & Blue Shield of Michigan, the Court noted that "Wood’s rule was quickly cited as authority for another proposition."[4]

Some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment.[5] Thus was born the U.S. at-will employment rule, which allowed discharge for no reason. This rule was adopted by all U.S. states. It was not until 1959 that the first judicial exception to the at-will rule was created.[6]

Since then, several common law and statutory exceptions to at-will employment have been created. Common-law protects one's job if an employee disobeys an employer on the grounds that the employer, superior, or employee ordered him or her to do something illegal or immoral.

My own opinion is that I would be highly upset if I had knowledge and proof that, while flying up in the air, on a plane, the flight crew that you are depending on for your safety while in flight, is copulating instead of tending to their respective duties and is jeopardizing my safety.

Based on this information, you can pretty much form your own judgement about the circumstances by yourself, I would think.

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[Rosen]

I don't think a flight attendant has the power to fire anybody, but if the air line wants to do so, it's a differen kettle of fish

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