NEW YORK- A Southwest Airlines (WN) captain has filed a complaint against the airline after being dismissed for prioritizing communication with passengers over flying the plane during an emergency last year.
David Legeros was in command of a Boeing 737 when its engine burst into flames shortly after takeoff from Houston Hobby Airport in August 2023, en route to Cancun.
Southwest Fired Pilot
During the emergency, the plane’s right-hand engine suffered “severe damage.” Instead of taking control, Captain Legeros allowed the First Officer to fly the plane while he communicated with air traffic control for an emergency return landing in Houston, according to court documents obtained by The Independent.
In an application for an injunction against the airline filed in a New York district court in April, Legeros stated that flames were visible from inside the cabin, causing understandable terror among the passengers.
The court documents indicate that Legeros spoke to the passengers in both Spanish and English to reassure them that the situation was under control.
Following the incident, David Legeros stated that he was reprimanded by Southwest Airlines, as their standard operating procedures require the captain to take control of the aircraft during an emergency, according to PYOK.
Legeros claimed that taking control could have caused a sudden jolt, potentially detaching the burning engine and posing a risk of it falling to the ground.
“Had Southwest Airlines chosen to reward Mr. Legeros, or even just ignore the situation, this story would be over. Instead, SWA decided to punish him,” the petition states.
Investigation Claims Misconduct from Captain
The court documents allege that Southwest Airlines concluded David Legeros “engaged in serious misconduct” after investigating the incident on Flight WN307.
“Instead of immediate termination for the act of safely landing a flaming aircraft, Mr. Legeros was forced to sign a ‘Last Chance Agreement’ with numerous extraordinary requirements for his ‘retraining program,’” the injunction application states.
The complaint notes that although many passengers onboard were “heavily Hispanic,” management criticized Legeros for speaking Spanish to them.
“On the pretense of some ‘serious misconduct,’ but in reality due to his status as a person of color, Southwest Airlines has been seeking to push Mr. Legeros out,” the complaint alleges.
Mr. Legeros remains grounded and, in January, the airline announced they wanted to conduct a ‘Fitness for Duty’ psychological evaluation.
“There are few better ways to remove an inconvenient pilot than to create a medical record that suggests the pilot is insane,” Mr. Legeros’ lawsuit states.
Mr. Legeros claimed he could not attend the initial evaluation due to his father being in the hospital.
Strict Policy
The lawsuit asserts that Southwest now wants him to attend a meeting with their Chief Pilot, where he would be given the option to resign or be terminated.
Mr. Legeros is seeking injunctive relief to prevent Southwest from compelling a psychological exam or the Fitness for Duty evaluation.
Southwest declined to comment on the specifics of the lawsuit to PYOK, citing pending litigation. However, company spokesperson Lynn Lunsford stated that Southwest stands by its decision to fire Legeros.
“Southwest expects all of its pilots to follow procedures and policies that exist to protect the safety of our customers and employees,” the airline said in a statement.
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