Discharge of Pilot Arrested for Drug Possession Did Not Violate ERISA


The Eighth Circuit Court of Appeals recently upheld a federal trial court's determination that a pilot's ERISA lawsuit based on his termination was not precluded by the Railway Labor Act (RLA) and that the employer did not violate ERISA when it discharged the pilot shortly after he was arrested for possession of marijuana. See Sturge v. Northwest Airlines, Inc. (8th Cir. Oct. 7, 2011). The trial court's decision is discussed in our May 2009 Airline Newsletter.

In July 2003, a pilot employed by Northwest Airlines was placed on long-term medical leave as a result of injuries he suffered outside of work. On October 8, 2003, he applied for disability retirement benefits available pursuant to the Northwest Airlines Pension Plan for Pilot Employees. A few days after he applied for disability retirement, the pilot was arrested for possession of marijuana. After being informed of the arrest, Northwest began an investigation, during which the pilot admitted to possessing and using marijuana. Subsequently, the airline discharged him. The discharge was grieved and upheld by a system board of adjustment.

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Civil Procedure Updates, Civil Rights Updates, Conflict of Laws Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© FordHarrison | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »