Originally Posted by
Arch103
I agree that the employee XXX was the one that caused the trouble, not Delta per se. However, XXX engaged in this customer service disaster/assault from her position as a Delta employee. She is listed on the Accusatory Instrument by her employee position, not just as a run-of-the-mill citizen. She was in uniform.
I am a professor, not a lawyer. Maybe the law is such that Delta, as an employer, is not responsible for the actions of their employee. But if the employee is at work, in uniform, on the job and is listed in official documents in her work relationship, it seems odd to me that Delta is not responsible at all.
Allow me to clarify my comments.
Delta is certainly responsible for the employee's actions while on duty, and the damages from those actions. That is crystal clear and doesn't even need an actual lawyer.
I believe you certainly could have filed a claim against Delta for what was basically an assault by one of their employees, for which there were witnesses. I'm not sure if their apology and gift certificate would be considered full settlement of that claim or not.
I am just less certain about Delta's liability for the employee pressing charges that were dismissed. I'm not sure Delta can stop the employee from having her day in court. Nor am I sure about their liability for the additional costs this incurred on your family.
As far as employee discipline, that is always a confidential matter and they are not going to volunteer any of that. But you may get a hint if you never see that particular GA again (and hopefully the GA has found a new career that offers anger management.)
I do think that Delta should offer some consideration for the additional troubles from the incident as a goodwill gesture. I imagine that if that offer is made, it will be accompanied by a request for release from further liability as I expect this is floating around in Legal somewhere on Virginia Avenue.
Originally Posted by
LaserSailor
You need a real lawyer to advise you, not a bunch of people on the Internet.
Personal advice, put this behind you and move on.
Good advice, I think I'd agree on both counts.
David