Mechanics file lawsuit against FedEx Corp.

Two Federal Express Corp. mechanics who grounded a plane for nearly two hours despite superiors' orders to release it to fly claim they were fired for their decision.

Phil Messinger of Avon and Charles D. Wilson of Greenwood, who are licensed aviation maintenance technicians, filed separate

FedEx spokeswoman Pam Roberson, however, said the company followed its internal review procedures, which led to the employees' dismissals. Roberson would not comment on the lawsuits.

Attorney Kenneth E. Lauter, who represents Messinger and Wilson, contends FedEx supervisors were more concerned about the nearly $50,000 he claims a company memo said the flight delay cost FedEx than they were about following federal regulations.

"They were asked to pencil whip that plane up into the air in contradiction of federal regulations," said Lauter, an attorney in the Indianapolis law firm Haskin Lauter & LaRue. "If you're asked to do something illegal, refuse to do it and are fired, we think that's wrongful termination."

Messinger and Wilson claim in their lawsuits filed Feb. 10 that following a debriefing by pilots of an arriving flight and examining the pilot flight log, they grounded the aircraft for further examination.

Messinger claimed he informed two supervisors of the problems involving the plane's flaps, devices that affects the wing's lift. Messinger and Wilson claim they were warned against delaying the flight.

In their separately filed lawsuits, Messinger and Wilson said they were told to give the plane's flap position indicator system a minimum equipment lift, or MEL classification, and "make the plane go away."

Messinger and Wilson, who usually work as a two-man team but on this day were working with another mechanic, refused to give the plane an MEL classification. Instead, they consulted the plane's operations manuals and further inspected the plane.

After the inspection, Messinger and Wilson claim, they told their supervisors the problems were not simply indicator malfunctions.

"There were problems with the plane, and I don't think FedEx denies that," Lauter said. "We intend to prove that [Messinger and Wilson] followed company procedures to a T."

FedEx spokeswoman Roberson said, "We've just received the case and are investigating the allegations. We will conduct a thorough review. We don't get a lot of lawsuits like this."

Attorney John Maley, a Barnes & Thornburg attorney who represents FedEx, declined to comment.

FedEx's willingness to avoid negative publicity may be one factor in Messinger's and Wilson's favor, corporate marketing experts said. FedEx, which has consistently rated well in Fortune Magazine's 100 Best Companies to Work For, has a strong image.

"FedEx prides itself on its progressive people philosophies, and we take allegations of this nature very seriously," Roberson noted.

Roberson touted FedEx's internal review process, the Guaranteed Fair Treatment Procedure, in which employees have the right to appeal such a case to the highest levels of FedEx executives.

"We offer a review outside of an employee's immediate department without fear of retaliation," she said. "That doesn't mean they're guaranteed judgment in their favor."

Lauter said his clients did go through FedEx's GFT Procedure, but is skeptical about the internal review. The two were fired after Wilson was suspended Aug. 30 and Messinger was suspended Sept. 4. A third mechanic involved in the incident was not fired, Lauter said.

"What you have are senior managers at FedEx who may have hidden agendas," he said. "It's an oxymoron to call it Guaranteed Fair Treatment. It's not a jury of peers. It's a jury of senior management."

Lauter acknowledged that settlement talks with FedEx are under way, but said he wouldn't hesitate to take the case before a jury. Messinger and Wilson claim if they had followed their supervisors' orders they could have been personably liable and/or subject to criminal liability if something happened to the plane.

"These are long-term employees who enjoyed their jobs," Lauter said. "That's why they fought so long and hard through [FedEx's] GFT Procedure before going through the courts."