Anna Hemstalk alleges she was placed on leave, stripped of health benefits and her job was threatened after reporting a coworker she claims was drunk
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NEED TO KNOW
- Anna Hemstalk alleges SkyWest Airlines retaliated after she reported a coworker who appeared intoxicated during a flight
- Hemstalk claims she was placed on unpaid leave, denied benefits and repeatedly threatened with her job, according to a civil complaint obtained by PEOPLE
- The lawsuit asserts eight separate claims against the company including disability discrimination, retaliation and wrongful termination
A SkyWest Airlines flight attendant is now suing her former employer, claiming the company retaliated against her for reporting a "visibly intoxicated” coworker.
In a civil complaint filed in the U.S. District Court of Northern California and obtained by PEOPLE, Anna Hemstalk alleges she was “placed on unpaid leave, stripped of health benefits, denied medical treatment, and repeatedly threatened with the loss of her job,” after reporting the coworker, who she claims was drunk.
The lawsuit stems from an incident that allegedly occurred on Nov. 18, 2024. Hemstalk, a “newly hired flight attendant,” claims she was assigned to work on a United Express flight between San Francisco International Airport and Sacramento International Airport alongside a lead flight attendant/instructor and another trainee.
Credit: Kevin Carter/Getty
However, during the flight, the instructor “appeared impaired and failed to follow required procedures,” the complaint alleges. “[She] boarded passengers without coordination, left bins unsecured, mishandled door-arming protocols and neglected a disabled passenger in first class.”
Hemstalk further claims that she smelled a “strong odor of alcohol” and “additional signs such as slurred speech, bloodshot eyes and unstable movement.”
In between assignments, Hemstalk says in her complaint that she shared her concerns to the pilot in command, who she alleges also smelled the alcohol. Despite this, Hemstalk alleges that the flight attendant was allowed to continue working on the flight.
Credit: Getty
Hemstalk claims she filed two Irregular Operations Reports with her observations and contacted Inflight Support upon arrival in San Francisco to ensure the employee would be removed from her duties. Additionally, she says she reported her concerns to the Federal Aviation Administration (FAA).
Following the reported incident, Hemstalk claims in her complaint that she began to receive “inconsistent” internal responses from SkyWest. In the days following, Inflight Support allegedly confirmed the instructor would be released from duty. However, she claims an employee relations manager informed her on Dec. 5, 2024, the investigation was closed and she remained employed. To this day, Hemstalk's complaint alleges that the employee is still working for the airline.
After making the report, Hemstalk claims she “began experiencing acute stress, anxiety and related medical conditions.” Her physician prescribed medication and a note excusing her from work until Dec. 22, 2024.
Hemstalk says this furthered “inconsistent and coercive treatment regarding her employment status and workers’ compensation rights.” She claims she was told by SkyWest employees that she had “involved too many people” and was “not being viewed as a reliable employee," according to the complaint.
On Dec. 4, 2024, Hemstalk says she was placed on an unpaid leave of absence. By December 19, she claims she made repeated calls regarding treatment and medical benefits that were supposed to have taken effect on Dec. 1. The complaint claims the company told her the benefits would not be provided to her.
“Taken together, [SkyWest’s] actions reflect a pattern of retaliation and coercion,” the complaint alleges. “After [Hemstalk] reported that a visibly impaired instructor was allowed to operate passenger flights, [SkyWest] responded by misleading her about the instructor’s status, berating her for using proper reporting channels, pressuring her to ignore medical restrictions, cutting off her benefits, and ultimately forcing her out of her position.”
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The lawsuit asserts eight separate claims against SkyWest, including disability discrimination, retaliation and wrongful termination in violation of public policy. Hemstalk is demanding a trial by jury and is seeking damages in an amount to be determined in court.
PEOPLE has reached out to Hemstalk’s attorneys and SkyWest Airlines for comment.
An FAA spokesperson tells PEOPLE the agency does not comment on litigation.
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