What would you do if punched by a gate agent?
Feb 26, 2015, 4:44 am
#46
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OK. Thanks for everyone's input. I always learn a lot on this board. And no, I don't post here or anywhere else. I only post if I actually know something that others don't (which isn't too often). Here is my take away for all your help.
Yes, get legal advice from a lawyer, not online. Totally agree on that.
Yes, this was a tempest caused by the employee, not Delta. Agree.
Yes, this could be pursued, but at this point, Delta doesn't seem too interested in doing anything to make things right, and as some have pointed out, it is probably just time to chalk this up to a really bad customer experience.
We have pages and pages of letters, statements, and court etc. papers, but the net dollar amount is low. Life is short. And without video these days it is hard to prove much. So be it.
On the other hand, for a company that gets thousands of dollars from our household per year, it is sort of sad to see how this all played out. Service recovery is something most firms try to work on and in the grand scheme it doesn't seem like it would have been hard to "do this right". But, there may be some angles that Delta sees in this that I don't that tie their hands.
In any case, thanks to those of you that contributed.
Yes, get legal advice from a lawyer, not online. Totally agree on that.
Yes, this was a tempest caused by the employee, not Delta. Agree.
Yes, this could be pursued, but at this point, Delta doesn't seem too interested in doing anything to make things right, and as some have pointed out, it is probably just time to chalk this up to a really bad customer experience.
We have pages and pages of letters, statements, and court etc. papers, but the net dollar amount is low. Life is short. And without video these days it is hard to prove much. So be it.
On the other hand, for a company that gets thousands of dollars from our household per year, it is sort of sad to see how this all played out. Service recovery is something most firms try to work on and in the grand scheme it doesn't seem like it would have been hard to "do this right". But, there may be some angles that Delta sees in this that I don't that tie their hands.
In any case, thanks to those of you that contributed.
Why bother with court? A corporation like DL has HUNDREDS of lawyers. For something like this they will send some junior junior junior fresh out of law school associate to appear on Delta's behalf. If they win or lose they could care less it is pennies for them.
Now I dont see why you take documentation, (i assume pictures), and everything else to the media. Albany is a market 58 for TV. While that may not mean much to most, it does mean they are small, and would jump at a news story like this. You will not get a market 1 like New York City, or CNN to care (unless the local report picks up steam). Though I can tell you once a camera turns on and it goes out on the air the marketing department of a company has way deeper pockets to make apologies then the legal department ever will. Both legal & marketing are reactionary in this case. Legal because they are bound by law to be with a small claims case, but marketing because it tarnishes the image of a company. Guess which one will probably get more done?
Feb 26, 2015, 5:21 am
#47
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On what basis do you think the story does not pass the smell check? The FT community is built on trust and unless I see evidence that the OP is lying, I'm trusting him/her. Otherwise, we may as well as close down the forum since we wouldn't be able to verify and trust any stories posted here.
Sad really.
Feb 26, 2015, 5:57 am
#48
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I believe there are three sides to every story.... Without all sides, it is understandable that some doubt can be expected.
I am withholding judgement on the OP, but there are some obvious questions that arise in my mind after reading...
It's an airport, shouldn't there be a camera somewhere in the vicinity?
I have to wonder of the discussion that lead up to such an attack. I would think it is wrong for an employee in uniform to touch a pax at anytime, but were they threatened. In any way, was there a scuffle at the jetway door as the GA closed it?
I know GA'S strongly enforce the "don't. Go back into the jetway after you leave it". It sounds like the sister left the jetway and perhaps tried to re-enter it to see the non-matching bag tag bag. Was the GA blocking the re-entry?
Not trying to discredit the OP, simply playing devil's advocate.
OP, sorry this happened. You can fight it in court or you could simply take the "thousands of dollars" your family spends on Delta and give it to another airline. Why would you continue to give money to a company whom you feel has mistreated you or your family. Speak with your wallet.
Feb 26, 2015, 8:04 am
#49
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There are already lawyers involved in this who have presumably read and analyzed the documents and know the basics of local criminal and civil law. It's up to OP's relative, but me, I'd consult the same lawyer and ask them to evaluate a civil action and let the lawyer advise as to whether it is against the GA, DL or both.
That's what lawyers do. At this point, the criminal case against the relative is over and nobody has sued nobody. It's over unless OP's relative chooses to sue. That's the relative's decision. Either sue or drop it.
OP adds nothing as it is self-evident that OP was not present and thus did not witness what ocurred.
That's what lawyers do. At this point, the criminal case against the relative is over and nobody has sued nobody. It's over unless OP's relative chooses to sue. That's the relative's decision. Either sue or drop it.
OP adds nothing as it is self-evident that OP was not present and thus did not witness what ocurred.
Feb 26, 2015, 8:32 am
#50
Original Poster
Join Date: Jun 2010
Posts: 16
Once again, thank you everyone for your concern and thoughtfulness. I directed my sister to this site (yes, as you would say, she is a kettle) and she has felt more involvement from this group of strangers than she received from Delta this whole year.
Re some of the newer comments, I am not completely clear on the implication of civil versus criminal charges, but yes, the gate agent brought a criminal charge. The judge upon seeing the charge said, what is this even doing being brought before me and told my sister to get out of there and not return for the perfunctory second hearing (just send lawyer). Why wasn't it dropped earlier in the system? Who knows. Why does anything happen?
Why does anyone have a plain old black bag? Another good question! But I am sure we all do things that the pros don't do once we get out of our zone.
I have enough time and energy at this point in my life that not only would I have pursued this, but would have done so aggressively from the get-go. In this situation I am, as frequently noted, a third party, and this isn't my decision. Not everyone has the emotional energy to sustain a battle even if you know you are going to win.
I would also use the media, but for some professionals keeping a lower profile makes more sense, so this is an personal decision.
I have only lived in Delta hub cities for the last 30 years and travel a lot. I care about this airline (partly for my own benefit), and have found this board (generally) to be a great place to learn how to make my flying life better. People are smart and give freely of their time. I brought this to you because as a loyal customer it has pained me to watch this at a distance. The multitude of perspectives presented here has vindicated my (and my sister's) sense of injustice, but has also provided some distance (you see things differently than I do).
So once again, thanks for your time and feedback. I will leave this up to my sister and while the media route would be most effective, I suspect she would rather not have this all broadcast to her patients and staff.
Safe travels.
Re some of the newer comments, I am not completely clear on the implication of civil versus criminal charges, but yes, the gate agent brought a criminal charge. The judge upon seeing the charge said, what is this even doing being brought before me and told my sister to get out of there and not return for the perfunctory second hearing (just send lawyer). Why wasn't it dropped earlier in the system? Who knows. Why does anything happen?
Why does anyone have a plain old black bag? Another good question! But I am sure we all do things that the pros don't do once we get out of our zone.
I have enough time and energy at this point in my life that not only would I have pursued this, but would have done so aggressively from the get-go. In this situation I am, as frequently noted, a third party, and this isn't my decision. Not everyone has the emotional energy to sustain a battle even if you know you are going to win.
I would also use the media, but for some professionals keeping a lower profile makes more sense, so this is an personal decision.
I have only lived in Delta hub cities for the last 30 years and travel a lot. I care about this airline (partly for my own benefit), and have found this board (generally) to be a great place to learn how to make my flying life better. People are smart and give freely of their time. I brought this to you because as a loyal customer it has pained me to watch this at a distance. The multitude of perspectives presented here has vindicated my (and my sister's) sense of injustice, but has also provided some distance (you see things differently than I do).
So once again, thanks for your time and feedback. I will leave this up to my sister and while the media route would be most effective, I suspect she would rather not have this all broadcast to her patients and staff.
Safe travels.
Feb 26, 2015, 9:32 am
#51
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Former airline agent here. I was once pushed by a passenger who was upset that I took his (revenue) standby seat assignment away due to a last second equipment change. I had about 5" and 40lbs on the guy so it was actually kind of comical to me, I never considered retaliating. The guy behind him in line grabbed him by the collar. The guy cooled off and apologized and as far as I was concerned, it was over. But someone (never found out who) called the cops. There were plenty of witnesses that explained what happened and when the cops asked me if I wanted to press charges I laughed and said no. Guy apologized, that was enough.
On to this story: I can't see an agent just hauling off and punching someone without provocation... You know at the very least you'll lose your job.
Unfortunately, when your sister learned the agent had filed charges she probably should have contacted a lawyer before contacting DL. As others have mentioned, DL did compensate her so I'm afraid that ship might have sailed as they say.
I do agree with others that you should contact an atty to see if there's any other angle.
I didn't think so either...I thought it was pretty spot on.
On to this story: I can't see an agent just hauling off and punching someone without provocation... You know at the very least you'll lose your job.
Unfortunately, when your sister learned the agent had filed charges she probably should have contacted a lawyer before contacting DL. As others have mentioned, DL did compensate her so I'm afraid that ship might have sailed as they say.
I do agree with others that you should contact an atty to see if there's any other angle.
I didn't think so either...I thought it was pretty spot on.
didn't think I had any bitterness towards OP...?
Feb 26, 2015, 9:33 am
#52
Join Date: Jul 2014
Posts: 385
911
Longtime reader, but rarely post. However, this makes me embarrassed to be Platinum on this airline. I can give you all the gory details (case number etc.), but here is the streamlined version.
One year ago, February 2015 my sister (no status) took a trip with her husband and two minor children from ALB to Montana. The return flight was a nightmare of delays requiring a gate check of carry-on bags in MSP. The harried gate agent in MSP tore the existing tickets off my sister’s bag, and then, with a handful of pink slips handed her one, which, we shall see, did not match my sister’s bag.
Upon their much delayed arrival in ALB, my sister did not take the black bag that looked like hers on the jet way because the pink tickets didn’t match. She waited and waited as the plane emptied and the airport grew quiet. She went to the gate agent to ask where the bag was that matched her pink tab. Gate agent laughed, said the bag wasn’t Delta’s problem, told my sister there was no supervisor to talk to, refused to give her name and attempted to close the jet way door while there was still one black bag at the end near the plane (the one with the ticket that did not match my sister’s). My sister pleaded with her to see if the black bag was hers, but the gate agent, still laughing refused and then grabbed my sister’s claim ticket. Instead of going down the jet way the agent then turned shoved and punched my sister leaving a bruise on her breast (call it assault or sexual assault, your choice). My sister’s minor children were in tears; her husband was off getting the checked luggage. She left to join her husband, bruised, now without her ticket stub and without the gate agent’s name. My sister was in lost baggage when eventually the same black bag showed up in lost luggage. Adding this to the delayed flight made for a very-delayed night. This would be the end of a terrible customer service experience except…..
Knowing she was in the wrong the gate agent preemptively filed an assault charge saying my sister had attacked her. All witnesses concurred that my sister was the one who was struck. My sister filed the appropriate police report giving her side, but said rather than pressing charges she just wanted this solved through Delta. She called customer service and, Delta, upon hearing the story gave her an apology and gift certificate. This would be the end of a terrible customer services experience except…..
The gate agent did not drop her complaint, maybe because she was dealing with personnel repercussions, and it wound its way through the court system requiring my sister to hire a lawyer, take time off from her medical practice to go to court only to have the entire charge thrown out as specious and without merit.
My sister then wrote to Delta, including copies of all legal action, lawyer fees etc. on June 20, 2014. All she has asked for is reimbursement for her out of pocket expenses ($717) and lost medical practice time ($900) that were incurred because of a wayward Delta employee. In a most gracious move she also said she would accept Delta credit in this amount. I think everyone on this board would agree this is not asking for much, given that many here want miles or otherwise for poor meals, broken seats etc. Here is a passenger who is assaulted and hauled into court for trumped up charges by a Delta employee.
The letter requesting compensation (including all documentation, bills, court papers, etc.) was sent by registered mail to Richard Anderson and to Customer Service. Had Delta responded this would be the end of a terrible customer service experience except….
All Delta has done is to write to my sister saying they can do nothing while things are tied up in court (all documentation was initially sent to Delta AFTER all charges were dismissed), then saying “we are investigating this matter further and will be corresponding after additional review” (July 20, 2014), then saying sorry we can’t talk about things while they are still in court (January 13, 2015) – once again the materials were only sent AFTER all charges were dismissed - now saying “after discussing with our Legal department, I can only confirm with you that they are aware of the incident internally and have addressed the issue appropriately with the employee.”
Never once in this entire saga has anyone asked about this dreadful employee and her career with Delta. NEVER ONCE, although one does have to wonder.
The issue is reimbursement for expenses brought about by an imbalanced and aggressive Delta employee. It has now been one full calendar year.
What would you do next? Who should she reach out to? Why should Delta's awful employee cost her so much money? Should I encourage her to turn to small claims court? It seems like even more hassle for her when she didn't do anything wrong at the outset (except maybe just taking the bag that didn't match her tag, which I am sure most of us would have just done).
One year ago, February 2015 my sister (no status) took a trip with her husband and two minor children from ALB to Montana. The return flight was a nightmare of delays requiring a gate check of carry-on bags in MSP. The harried gate agent in MSP tore the existing tickets off my sister’s bag, and then, with a handful of pink slips handed her one, which, we shall see, did not match my sister’s bag.
Upon their much delayed arrival in ALB, my sister did not take the black bag that looked like hers on the jet way because the pink tickets didn’t match. She waited and waited as the plane emptied and the airport grew quiet. She went to the gate agent to ask where the bag was that matched her pink tab. Gate agent laughed, said the bag wasn’t Delta’s problem, told my sister there was no supervisor to talk to, refused to give her name and attempted to close the jet way door while there was still one black bag at the end near the plane (the one with the ticket that did not match my sister’s). My sister pleaded with her to see if the black bag was hers, but the gate agent, still laughing refused and then grabbed my sister’s claim ticket. Instead of going down the jet way the agent then turned shoved and punched my sister leaving a bruise on her breast (call it assault or sexual assault, your choice). My sister’s minor children were in tears; her husband was off getting the checked luggage. She left to join her husband, bruised, now without her ticket stub and without the gate agent’s name. My sister was in lost baggage when eventually the same black bag showed up in lost luggage. Adding this to the delayed flight made for a very-delayed night. This would be the end of a terrible customer service experience except…..
Knowing she was in the wrong the gate agent preemptively filed an assault charge saying my sister had attacked her. All witnesses concurred that my sister was the one who was struck. My sister filed the appropriate police report giving her side, but said rather than pressing charges she just wanted this solved through Delta. She called customer service and, Delta, upon hearing the story gave her an apology and gift certificate. This would be the end of a terrible customer services experience except…..
The gate agent did not drop her complaint, maybe because she was dealing with personnel repercussions, and it wound its way through the court system requiring my sister to hire a lawyer, take time off from her medical practice to go to court only to have the entire charge thrown out as specious and without merit.
My sister then wrote to Delta, including copies of all legal action, lawyer fees etc. on June 20, 2014. All she has asked for is reimbursement for her out of pocket expenses ($717) and lost medical practice time ($900) that were incurred because of a wayward Delta employee. In a most gracious move she also said she would accept Delta credit in this amount. I think everyone on this board would agree this is not asking for much, given that many here want miles or otherwise for poor meals, broken seats etc. Here is a passenger who is assaulted and hauled into court for trumped up charges by a Delta employee.
The letter requesting compensation (including all documentation, bills, court papers, etc.) was sent by registered mail to Richard Anderson and to Customer Service. Had Delta responded this would be the end of a terrible customer service experience except….
All Delta has done is to write to my sister saying they can do nothing while things are tied up in court (all documentation was initially sent to Delta AFTER all charges were dismissed), then saying “we are investigating this matter further and will be corresponding after additional review” (July 20, 2014), then saying sorry we can’t talk about things while they are still in court (January 13, 2015) – once again the materials were only sent AFTER all charges were dismissed - now saying “after discussing with our Legal department, I can only confirm with you that they are aware of the incident internally and have addressed the issue appropriately with the employee.”
Never once in this entire saga has anyone asked about this dreadful employee and her career with Delta. NEVER ONCE, although one does have to wonder.
The issue is reimbursement for expenses brought about by an imbalanced and aggressive Delta employee. It has now been one full calendar year.
What would you do next? Who should she reach out to? Why should Delta's awful employee cost her so much money? Should I encourage her to turn to small claims court? It seems like even more hassle for her when she didn't do anything wrong at the outset (except maybe just taking the bag that didn't match her tag, which I am sure most of us would have just done).
Feb 26, 2015, 9:41 am
#53
Join Date: Oct 2012
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I suspect she would rather not have this all broadcast to her patients and staff.
Out on a limb a bit, but Ill guess your sister will not get satisfaction in the pursuit of this like others might. I took uncomfortably far too long to realize pursuing those who wronged me in business were doing me a favor....letting me know never to do business with them again easily.
Feb 26, 2015, 10:21 am
#54
Join Date: Apr 2004
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[QUOTE=runninaway;24416739]A letter notifying Delta that the OP's sister has retained counsel in this matter, along with a copy of the original request for compensation, could well shake loose the "goodwill" offer from Delta that many have suggested would be wise for them to make, regardless of actual liability.QUOTE]
I am not a lawyer, but my assumption is that if/when Delta Customer Service receives a letter saying a pax has retained counsel, they immediately hand the whole thing off to Delta legal. They, then, would evaluate it from a legal liability issue which may or may not result in any goodwill offer.
Just MHO.
I am not a lawyer, but my assumption is that if/when Delta Customer Service receives a letter saying a pax has retained counsel, they immediately hand the whole thing off to Delta legal. They, then, would evaluate it from a legal liability issue which may or may not result in any goodwill offer.
Just MHO.
Feb 26, 2015, 12:03 pm
#55
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Feb 26, 2015, 12:43 pm
#57
Join Date: Dec 2010
Location: LA
Programs: DL PM
Posts: 200
She didn't take the bag because the tickets didn't match? How did she not know it was her bag when she could literally go up to it and touch it, or even slightly open it to double check?
How when it got to the point where she was the only one waiting and the bag that looked exactly like hers was the only one left did she not put two and two together, grab it, and leave before any of this other nonsense happened?
Feb 26, 2015, 1:38 pm
#58
Join Date: Dec 2009
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This doesn't in any way excuse what the gate agent allegedly did, but you lost me here.
She didn't take the bag because the tickets didn't match? How did she not know it was her bag when she could literally go up to it and touch it, or even slightly open it to double check?
How when it got to the point where she was the only one waiting and the bag that looked exactly like hers was the only one left did she not put two and two together, grab it, and leave before any of this other nonsense happened?
She didn't take the bag because the tickets didn't match? How did she not know it was her bag when she could literally go up to it and touch it, or even slightly open it to double check?
How when it got to the point where she was the only one waiting and the bag that looked exactly like hers was the only one left did she not put two and two together, grab it, and leave before any of this other nonsense happened?
Although it does seem like the agent could have (nicely) pointed this logic out to the pax as well.
Feb 26, 2015, 1:56 pm
#59
Join Date: Dec 2011
Programs: DL DM PM
Posts: 2,034
This doesn't in any way excuse what the gate agent allegedly did, but you lost me here.
She didn't take the bag because the tickets didn't match? How did she not know it was her bag when she could literally go up to it and touch it, or even slightly open it to double check?
How when it got to the point where she was the only one waiting and the bag that looked exactly like hers was the only one left did she not put two and two together, grab it, and leave before any of this other nonsense happened?
She didn't take the bag because the tickets didn't match? How did she not know it was her bag when she could literally go up to it and touch it, or even slightly open it to double check?
How when it got to the point where she was the only one waiting and the bag that looked exactly like hers was the only one left did she not put two and two together, grab it, and leave before any of this other nonsense happened?
Feb 26, 2015, 2:03 pm
#60
Join Date: Dec 2010
Location: LA
Programs: DL PM
Posts: 200
When you're the only person left waiting, there is one bag on the ground, and it looks exactly like yours, wouldn't you assume it was yours? Or at the very least, if you weren't sure for some reason, unzip it a little and confirm?