A 49-year-old former United Airlines pilot who sued the company, alleging he was wrongfully fired in 2021 for not getting the coronavirus vaccination, was actually never terminated, according to new court papers filed by UA attorneys.
Plaintiff Andrew Risk’s Los Angeles Superior Court lawsuit allegations include wrongful termination, retaliation, discrimination, harassment, failure to accommodate and engage in the interactive process and intentional infliction of emotional distress. On Friday, UA lawyers filed court papers Friday with Judge Jill Feeney urging dismissal of Risk’s case, saying the pilot was only temporarily discharged for allegedly failing to get an exemption from United’s COVID-19 vaccination policy. A hearing is scheduled April 26.
The short-term decision occurred because Risk did not timely take the UA asked of him to submit needed medical documents substantiating his claim he could not get the shot for health reasons, according to the UA lawyers’ court papers, which further state that the company had a “legitimate, nondiscriminatory reason” for the temporary discharge and that Risk has provided no evidence of discrimination.
UA reinstated Risk as an employee and he remains a member of the work force to this day because the discharge decision was rescinded, according to the airline’s lawyers’ court papers.
“Apparently fueled with spite for having been discharged in the first place, Risk chose a path of revenge, has intentionally ignored his reinstatement and now seeks to recover for supposed wage loss and emotional distress,” the airline attorneys contend in their pleadings.
According to his suit, Risk was hired in September 2007 and in August 2021, he contracted the coronavirus and suffered from losses of taste and smell as well as difficulty in breathing. His scheduled flights were canceled and a UA nurse told him he could not resume his job until his sense of smell returned because such a loss is a safety concern when flying, the suit states.
In their court papers, UA attorneys state that Risk suffered from “long-term COVID.”
Risk’s suit further states that an aviation medical examiner told him that he still was not ready for medical clearance due to COVID-related breathing and lung issues, so the plaintiff was placed on a leave of absence. The doctor advised him not to get the coronavirus vaccination despite a company mandate because he was still experiencing COVID-19 symptoms, according to the suit.
Risk subsequently sent an email to the Los Angeles International Airport Base chief pilot explaining with documentation that he could not be vaccinated because his doctor told him it could affect his health, the suit states. Risk received a response the next day and was told to attend a meeting in October 2021 concerning his vaccination status, the suit filed in November 2022 states.
The meeting was canceled, but UA later sent emails to employees stating that all of them had to get the coronavirus shots by November 2021, the suit states. Risk applied for an exemption to the mandate, the suit states.
Risk’s exemption application was initially accepted, but later denied, according to the suit. When Risk asked the assistant chief pilot to resolve the issue, the latter said that UA was “coming down on people that were not vaccinated,” the suit states.
Subsequent meetings with members of the UA corporate division failed to resolve the issues and Risk received a letter last Dec. 16 that he was being fired despite his having provided evidence that getting vaccinated could impact his health, the suit states.
The suit alleges UA wrongfully fired Risk instead of allowing him to remain on leave while he recovered.
