Reference no: EM131494597

Air Eastandwest Inc is a Part 121 Air Carrier, with properly filed articles of incorporation in Ohio. They operate direct flights between Akron-Canton Airport and Cancun Mexico for all of the students at Kent State and Akron University during the winter months. Air Eastandwest Inc. hired an employee, Ima Quitter, who is in the dispatch office and is required to file the EAPIS manifests at least one hour before departure time from Akron Canton, and at least one hour before departure time from Cancun.  Ima Quitter signed an employment contract with no ending date with Air Eastandwest, Inc, that requires her to pay back all costs associated with her training as a dispatcher even though she already holds her dispatcher license, if she leaves her job within the first six months. She must also give at least one month notice before quitting.  However, Air Eastandwest Inc. can fire her at any time for any reason.

Flight 131 departed Akron Canton on time, the EAPIS manifests were filed timely and approved by Customs and Border Protection. About two hours before Flight 132 returned from Cancun back to Akron Canton, Ima Quitter, decided to leave her job and never come back because she thinks her boss is ugly and smells bad. In the meantime, the return EAPIS report was never filed and when the plane landed in Akron Canton, it was immediately met by several CBP Officers, DHS Officers and Law Enforcement Officials. There were three drug traffickers who presented real documents but used other peoples Mexican Passports to board the plane in Mexico. Two of the drug traffickers immediately asked the CBP officers for protection under the Asylum Laws of the United States. The other person was required by CBP to be flown back immediately to Mexico at the expense of Air Eastandwest Inc., despite CBP knowing that this third person was a United State Citizen. The third person used someone else's Mexican passport to come to the United States to hide the fact that he was a United States Citizen. CBP also issued a civil penalty to Air Eastandwest Inc. for $50,0000 for not following the EAPIS regulations regarding Flight 132.

Lola Crooke, the President of Air Eastandwest Inc. comes to you as a lawyer and asks you who can she sue since her airline is about to file bankruptcy and Lola feels that this is really the fault of Ima Quiter. Lola feels that she is also personally responsible to pay the civil penalty fine. She also wants to know if her or her company has to pay for the third person's return to Mexico. Write a short letter to her stating the possible avenues of relief she may or may not have and if she can recover anything from Ima. What is the personal liability that Lola will face for Ima's actions or lack of actions. State the issues raised, the areas of law and state the correct black letter of the law and/or appropriate regulations.