Pilot sues air carrier for alleged unlawful termination and assault

A California resident who worked as pilot for commercial air carrier Freedom Air has sued the company and a ranking executive whom he accused of physically assaulting and embarrassing him in public before terminating his employment.

Arshad Ali is seeking monetary damages against Aviation Services (CNMI) Ltd., the local company that operates Freedom Air, and Tony Guerrero, its station manager, in a civil action filed with the Superior Court yesterday.

Ali, represented by lawyer Bruce Berline, asserted several causes of action against the defendants, accusing the latter of assault, battery, negligence, unlawful termination, defamation, and conversion.

Berline said Ali began flying aircraft as pilot for ASL on June 11 last year, after attending mandatory training. The lawyer said Ali had to relocate from California to Saipan to accept the offer of employment by ASL, after going through the employment application process. Berline said Ali had submitted to the company a truthful application for employment.

According to Berline, on July 25 last year—or just over a month as pilot for ASL—Guerrero suddenly approached Ali in a “threatening” manner, while the latter was on duty and standing with passengers in the crowded commuter terminal at the Saipan International Airport.

Berline said Guerrero accused Ali of being a liar and verbally fired the latter from his job in front of many people. Later that day, the lawyer said his client received a note from the chief pilot, which informed Ali that his employment was terminated.

“Shortly thereafter, while still at the SIA, defendant Guerrero, without justification, violently grabbed [Ali] and threw him up against a wall outside the terminal building, causing [him] to hit the wall and fall down. During the assault, Guerrero called [Ali] a liar and attempted to punch [him]. Guerrero also verbally threatened [Ali’s] life,” Berline said.

The complaint did not indicate the reason as to why Guerrero called Ali a liar.

The lawyer said ASL refused to release Ali’s last paycheck to him. He also accused ASL of negligence, saying it should have known that Guerrero was of a “violent and dangerous” disposition.

Berline said the company terminated Ali’s employment in bad faith, without cause, notice or warning.

“[The] defendants tortuously withheld [Ali’s] last paycheck to which he was fully entitled to receive,” he added.