An ex-Southwest Airlines flight attendant who was fired by the Dallas-based carrier during her probation is now suing the airline for a staggering $5 million, accusing Southwest of gross violations of the Railway Labor Act, which governs work rules within the aviation industry.
The Maryland-based ex-flight attendant was one of a small number of lucky aspiring flight attendants who managed to land a coveted job with Southwest Airlines in late 2021 when the carrier opened up flight attendant recruitment for just four hours on a random November day.
At the time, Southwest was trying to quickly build back its workforce after letting veteran employees go during the height of the pandemic. Unusually, Southwest opened up flight attendant as an external job posting and was quickly inundated with job applicants.
Like many flight attendants will know, however, getting a conditional job offer doesn’t mean anything until you’ve passed an intensive training course and got through your probationary period unscathed.
Unfortunately, the crew member found herself under management scrutiny during her probation, and before she knew it, she had her flight attendant wings clipped after her employment was terminated.
In a new lawsuit filed against Southwest in a Maryland district court, the ex-flight attendant claims that the airline failed to abide by her lawful rights under the Railway Labor Act.
The lawsuit doesn’t explain what the crew member did that got her in trouble with Southwest’s HR department, but that isn’t the point of this lawsuit. She argues that she should have had the right to file a grievance against the disciplinary proceedings being brought against her but was denied that right.
In fact, Southwest reportedly decided back in 2013 that flight attendants no longer have the right to grievance proceedings until they have passed their probation. That policy was further solidified in 2024 when flight attendants ratified a new contract that exempts probationary crew members from filing grievances.
The lawsuit lists a slew of alleged violations of the Railway Labor Act, including placing a duty on airlines to settle disputes with their employees through a grievance process.
New hire flight attendants at Southwest earn around $40,000, meaning that she has currently lost out on more than $100,000 in wages.
The claim against Southwest, however, seeks $5 million in damages, as well as reinstatement to her position as a flight attendant at the airline.
The amount of compensation being claimed is the same as a ‘pro-life’ Southwest flight attendant won in 2022 after she was sacked by the airline for alleged bullying over her anti-abortion social media posts.
At the culmination of the six-year legal battle in 2022, Charlene Carter convinced a North Texas jury that the flight attendant union had unlawfully discriminated against her and failed to accommodate her sincerely held religious beliefs.
The court initially awarded Carter a total of $5.3 million in compensation, of which Southwest will have to pay $4.15 million in back pay and compensation for pain and suffering. The union has been ordered to compensate the remaining $1.15 million.
Several months later, however, a federal judge reduced the payout by nearly 85% after concluding the initial compensation award breached federal law caps on punitive and compensatory damages.
The crew member involved in this latest lawsuit did not take part in an interview for this article.
She has no case. Googling her name, she’s been trying to file a lawsuit against Southwest for over a year now. She first claimed racial discrimination, hostile work environment, and breach of contract. All were dismissed because she has no proof. In fact, it appears she was arrested and treated for a nondisclosed disability, gave her username and password to a coworker (security concerned and a terminable offense) to have that coworker basically call out sick for this FA because she was incarcerated. It was also said she was written up multiple times for things like wearing headphones while in front of passengers. She was previously at PSA and probably thought getting on with southwest she’ll be able to do whatever since Southwest isn’t a regional.
I knew something was wrong about her case . Thank you
Damn! You’re good ! I was over here reading this and feeling sorry for her because that sorta thing happened to me at the postal service as a disabled veteran but now I see why you are t sorry . She was just wrong !
Not surprised
I find this interesting because untenured teachers in the state of Maryland (i.e. all teachers in their first three years – and longer if they switch counties) can be fired without any cause whatsoever because they are considered probationary -EVEN if they have had excellent end of year ratings – for that entire time. Their employment with their respective county is entirely at the discretion of whatever principal they have been assigned to work under. So, if this former flight attendant wins her lawsuit, hundreds of teachers should line up to file a class action one against the state and/or their respective counties.
The article states she is suing under the Railway Labor Act (which apparently covers all transportation employees) but I highly doubt it would cover teachers. In addition, teachers are often represented by their own unions which in turn, fall under a completely different set of legal provisions they are bound by…
Just because somebody got fired does not mean they can sue and even if they sued does not mean they have a chance to win!
This case is different, no SWA Flight Attendant is a dues paying union member until after they have completed the 6 month probation period. Probationary flight attendant can get 3 occurrences while on probation. After the third occurrences they will have a mandatory meeting to go over their occurrences, which could possibly lead to termination. I don’t think all the details are being put forth.
As someone who worked as a flight attendant, apart of a Union, and now negotiating labor contracts for a variety of different organizations and corporations, it’s clear that while someone is on probation, they’re an “at-will” employee. That means they have no rights to the grievance and arbitration procedures outlined in their collective bargaining agreement. I’ve ran into MANY instances where a probationary employee is terminated for cause, and all we (the union) can do is sit on and represent the member, but are unable to grieve any terminations/discipline until after their typical 90 day probationary period. If this person worked for a corporation that’s non-union, you’re on probation for the rest of your career, unless you organize for your rights. The RLA and NLRB are two separate government agencies with two separate Acts. I’m guessing this employee either had excessive sick usage, multiple passenger complaints, or did something egregious. Nonetheless, they were on probation, and it’s always made clear with the member during new member orientation with the union what their rights are and what rights they don’t have while on probation. I’m just speculating of course, but I’m curious to find out the reason for their termination from SWA.
I’m a retired Delta flight attendant, Delta has a media policy that everyone signs. As we don’t know why she was fired, can’t say much. When your on probation, you really havt to be above reproach. With Delat and I’m sure every Airline, attendances and being on time is crucial to an Airlines on time departure. Everyone know the rules, she broke a rule and knew you can get fired for it. Everyone knows what an Airline expects from their employees.
On probation the airline can fire you for anything you have to walk a straight line on probation there is nothing the union can do you are at the mercy of the company everyone is on probation for six months and if this flight attendant things she is going to be desirable to the airline she is crazy. I was with Delta 29 years took the buyout and trying to fly again I am facing age discrimination now. You can not do anything wrong on probation again the company is watching everything you do.
All you have to do is fail a trip call in sick or rude to a customer you can be terminated. Off probation you can file a grievance and you might win. This flight attendants behavior is on the internet the public can read it this is no way for a flight attendants to behave you never air your Personel problems where the public can read it that is grounds for termination also on probation I would not want to fly with her she can not be trusted go apply to another airline
I a m a retired flight attendant..and I was stew spy…in flight supervisor checking out the newbie .amazing how few didn’t know. Funny now after all these years…I still watch them.
Last flight I was on I would have fired the whole bunch of them…
@Marianne Rude:
The article states she is suing under the Railway Labor Act (which apparently covers all transportation employees) but I highly doubt it would cover teachers. In addition, teachers are often represented by their own unions which in turn, fall under a completely different set of legal provisions they are bound by…
Just because somebody got fired does not mean they can sue and even if they sued does not mean they have a chance to win!
Anything and everything people can sue. A guy was awarded 5 millions or so when he sued Starbucks as his cofee spilled on his pants.
I was a flight attendant for 15 years with Southwest and took the buy-out when the pandemic hit. I can attest to once you successfully make it thru training and become a probationary flight attendant you have no doubt what the rules, procedures, FAA regulations, social guidelines etc. are and the expectations from the company. You know you walk a very fine line for six months and there is little room for error. If what i read in other postings is true then this young lady has no one to blame but herself and accept responsibility for her behavior rather than expect a free ride.. Wearing earbuds is a safety concern and just rude when interacting with passengers. Giving your passcodes etc. allowing someone else to access your screen is enough right there to get you fired…even off probation after discipline hearing. Personally, I would have chosen not to fly with her and filled out the required irregularity report about her actions. We are talking about the safety of passengers and crew folks.
Grow up follow the rules and expectations and stop blaming others for your immaturity!