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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

KENNETH ENGLAND, on behalf of 

himself and all others similarly situated, 

Plaintiff,

v.

UNITED AIRLINES, INC,

Defendant.

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Case No. 

Judge

CLASS ACTION COMPLAINT

Plaintiff Kenneth England (“England”), on behalf of himself and all others similarly 

situated, through his attorneys, for his Complaint against United Airlines, Inc. (“United” or 

“Defendant”), states as follows:

NATURE OF PLAINTIFF’S CLAIMS

1. On April 20, 2020, United agreed that in exchange for receiving approximately $5

billion dollars in federal paycheck protection funds, it would not require any employee to take a 

temporary suspension or unpaid leave for any reason, it would not reduce the pay rate of any 

employee earning a salary or wages, and it would not reduce the benefits of any employee, until 

September 30, 2020. 

2. This lawsuit arises out of United’s breach of that agreement. Two weeks after the

company signed the agreement to receive paycheck protection funds, United informed all 

management and administration employees (“M&A employees”) that “Effective between May 16 

and September 30, domestic M&A employees will be required to take 20 unpaid days off.” 

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3. United’s breach harms the agreement’s intended beneficiaries: United employees. 

United employees face a substantial reduction in pay as a result of United’s policies, despite the 

billions of federal dollars United received, specifically transferred to the company to protect 

employees. 

4. Plaintiff Kenneth England, one of United’s non-union employees, brings this class 

action lawsuit on behalf of himself and all other non-union employees who are subject to United’s 

Unpaid Time Off Program between May 16, 2020 and September 30, 2020, to enforce the terms 

of United’s agreement with the federal government. 

THE PARTIES

5. Plaintiff Kenneth England works as a shift manager for United at the company’s 

hub at Chicago O’Hare International Airport. 

6. Plaintiff England is a citizen of the State of Illinois and resides in and is domiciled 

in this judicial district. 

7. Defendant United Airlines, Inc. is a carrier by air with headquarters in Illinois. 

JURISDICTION AND VENUE

8. This Court has original jurisdiction over Plaintiff’s federal common law breach of 

contract claim under 29 U.S.C. § 1331.

9. Venue is proper in the Northern District of Illinois pursuant to 29 U.S.C.

§1391(a)(1) because Defendant resides in the Northern District of Illinois, Eastern Division.

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FACTS

The CARES Act

10. In March 2020, Congress enacted the Coronavirus Aid, Relief, and Economics 

Security Act, Pub. L. 116-136 (“CARES Act”). The law was passed in response to the COVID19 pandemic and its economic consequences. 

11. The CARES Act authorizes the Secretary of Treasury to provide financial 

assistance to certain air carriers, provided those air carriers make certain assurances. 

12. This financial assistance is described in Subtitle B of the CARES Act, “Air 

Carrier Worker Support.”

13. Subtitle B, Part (a) of the CARES Act, titled “Financial Assistance for Employees 

Wages, Salaries, and Benefits,” provides: “Notwithstanding any other provision of law, to 

preserve aviation jobs and compensate air carrier industry workers, the Secretary shall provide 

financial assistance that shall exclusively be used for the continuation of payment of employee 

wages, salaries, and benefits to (1) passenger air carriers, in an aggregate amount up to 

$25,000,000,000. . . ” § 4112(a).

14. The CARES Act specified certain assurances an air carrier must make to be 

eligible for financial assistance: “To be eligible for financial assistance under this subtitle, an air 

carrier or contractor shall enter into an agreement with the Secretary, or otherwise certify in such 

form and manner as the Secretary shall prescribe, that the air carrier or contractor shall (1) 

refrain from conducting involuntary furloughs or reducing pay rates and benefits until September 

30, 2020.” § 4114(a)

15. Guidelines issued by the U.S. Treasury Department mandated that “to be eligible 

to receive payments,” an applicant must agree to “use such payments exclusively for the 

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continuation of employee wages, salaries, and benefits” and “refrain from conducting 

involuntary layoffs or furloughs, or reducing pay rates and benefits, of employees of the 

applicant. . . ”

The United PSP Agreement

16. United issued a press release on April 15, 2020, announcing that it expected to 

receive approximately $5 billion in support under the CARES Act. United spokesperson Frank 

Benenati said, “We thank Congress and the Administration for quickly passing legislation to 

protect the paychecks of tens of thousands of United Airlines employees and look forward to 

completing the final agreements with the Treasury Department in the next few days. . . . These 

funds will cover a portion of our pay and benefits costs through September 30, and we are 

thankful for the support provided to our employees and their families by the CARES Act. This 

financial support is critical to our people, who are ensuring air service to communities 

throughout the country and supporting the shipment of much-needed medical supplies and travel 

of health care professionals around the globe.”

17. On April 20, 2020, United and the Treasury Department entered into a Payroll 

Support Program Agreement (“PSP Agreement”), attached hereto as Exhibit A. The PSP 

Agreement provides for an initial support payment of $2,479,249,048. 

18. In exchange for this payment, United made the required CARES Act assurance 

regarding furloughs: “The Recipient shall not conduct an Involuntary Termination or Furlough of 

any Employee between the date of this Agreement and September 30, 2020.” Exhibit A at 

Paragraph 4(a). 

19. United also made the required CARES Act assurance regarding salary and wages: 

“Except in the case of a Permitted Termination or Furlough, the Recipient shall not, between the 

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date of this Agreement and September 30, 2020, reduce, without the Employee’s consent, (A) the 

pay rate of any Employee earning a Salary, or (B) the pay rate of any Employee earning Wages.” 

Exhibit A, at Paragraph 4(b)(1).

20. United also made the required CARES Act assurance regarding benefits: “Except 

in the case of a Permitted Termination or Furlough, the Recipient shall not, between the date of 

this Agreement and September 30, 2020, reduce, without the Employee’s consent, the Benefits 

of any Employee. . .” Exhibit A, at Paragraph 4(b)(2).

21. The Parties defined “employee” in the PSP Agreement to include “salaried, 

hourly, full-time, part-time, temporary, and leased employees.” Exhibit A.

22. The Parties defined a “Involuntary Termination and Furlough” as “the Recipient 

terminating the employment of one or more Employees or requiring one or more Employees to

take a temporary suspension or unpaid leave for any reason, including a shut-down or slow-down 

of business.” Exhibit A.

23. United employees are the intended beneficiaries of the PSP Agreement. The 

purpose of the primary purpose of the PSP Agreement is to provide funding for employees and to

prevent furloughs and reductions in either pay or benefits. All of the funds payable to United

under the PSP Agreement must be used for “the continuation of payment of Wages, Salaries, and

Benefits to the Employees of the Recipient.”

United’s Unpaid Time Off Program

24. On May 4, 2020, United Executive Vice President of Human Resources and 

Labor Relations Kate Gebo emailed all management and administrative employees stating that 

the CARES Act assistance “only covers a part of our payroll costs.” As a result, Gebo 

announced changes to the work schedule for management and administrative employees. Gebo 

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explained, “We will be implementing an unpaid time off program for domestic M&A employees 

to align with less flying, fewer customers, and less working time for frontline employees. 

Effective between May 16 and September 30, domestic M&A employees will be required to take 

20 unpaid days off.” 

25. The Unpaid Time Off Program violates the express terms of United’s assurance 

that it would not require “one or more Employees to take a temporary suspension or unpaid leave 

for any reason, including a shut-down or slow-down of business.” 

26. Furthermore, the Unpaid Time Off Program violates the intent of the contracting 

parties to enter into an agreement to protect United employees, and Congress’s intention to 

provide financial support for the employees of air carriers. 

27. The Unpaid Time Off Program also violates United’s assurance that salaried 

employees would not face a pay rate reduction.

28. Plaintiff Kenneth England is paid on a salary basis by United. If United requires 

him to take 20 unpaid days, his salary will be reduced. 

CLASS ACTION ALLEGATIONS

29. Pursuant to Rule 23(b)(1), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure, 

Plaintiff brings this action on behalf of himself and other non-union employees subject to United’s 

Unpaid Time Off Program 

30. The class Plaintiff seeks to represent is defined as:

All United non-union employees who are subject to United’s Unpaid Time Off 

Program between May 16, 2020 and September 30, 2020. (the “proposed class”).

31. The proposed class is so numerous that joinder of all members is impracticable. 

32. The claims of the named Plaintiff are typical to the members of the proposed class. 

The named Plaintiff and members of the proposed class are all the intended beneficiaries of the 

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PSP Agreement and are all subject to United’s policy of mandating unpaid leave in direct violation 

of the terms of that Agreement. As a result, each and every class member suffered the same harm.

33. Questions of law and fact are common to the class and predominate over any 

individual questions. Such common questions of law and fact include, but are not limited to, 

whether the members of the proposed class were the intended beneficiaries of the PSP Agreement 

and whether United violated the PSP Agreement by requiring employees to take unpaid time off 

prior to September 30, 2020. 

34. Plaintiff will fully and adequately protect the interests of the class. Plaintiff seeks 

the same recovery as the class, predicated upon the same violations of the PSP Agreement. 

35. Plaintiff has retained counsel who are qualified and experienced in the prosecution 

of employee class actions. 

36. Neither Plaintiff nor his counsel have interests that are contrary to, or conflicting 

with, the interests of the class.

37. Pursuant to Fed. R. Civ. P. 23(b)(1)(A), the prosecution of this matter in hundreds 

of identical, individual lawsuits would create a risk of inconsistent results and would establish 

incompatible standards of conduct for United. 

38. Pursuant to Fed. R. Civ. P. 23(b)(2), United has acted, or has refused to act, on 

grounds generally applicable to the proposed class, thereby making appropriate final injunctive 

relief, or corresponding declaratory relief, with respect to the class as a whole.

39. Pursuant to Fed. R. Civ. P. 23(b)(3), a class action is superior to other available 

methods for the fair and efficient adjudication of the controversy, The damages suffered by the 

individual class members are small compared to the expense and burden of individual 

prosecutions of this litigation. Prosecuting hundreds of identical, individual lawsuits would not 

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promote judicial efficiency or equity. Class certification will eliminate the need for duplicate 

litigation.

COUNT I

Breach of Contract Under Federal Common Law 

(On Behalf of Plaintiff and the Class)

40. Plaintiff hereby realleges and incorporates the above paragraphs of this 

Complaint, as if fully set forth herein.

41. The PSP Agreement is a binding contract between United and the Department of 

the Treasury, which by its terms is governed by federal law.

42. United’s employees are intended third party beneficiaries of the PSP Agreement 

under federal common law. 

43. United’s Unpaid Time Off Program violates the assurances made by United in 

Paragraph 4 of the PSP Agreement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf of all other members of the 

proposed class, respectfully requests this Court grant the following relief: 

A. That an order be entered certifying the proposed class and appointing Plaintiff and 

his counsel to represent the class; 

B. Permanently enjoining United from further breaching the contract as alleged 

herein;

C. For all recoverable compensatory and other damages sustained by the Plaintiff 

and the class, and all other relief allowed under applicable law; 

D. For costs;

E. For both pre-judgment and post-judgment interest on any amounts awarded;

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F. For payment of attorney’s fees and expert fees as may be allowable under 

applicable law; and

G. For such other and further relief, including declaratory relief, as the Court may 

deem proper. 

JURY DEMAND

Plaintiff hereby demands a trial by jury. 

Respectfully submitted,

Dated: May 13, 2020

s/Douglas M. Werman

One of Plaintiff’s Attorneys

Douglas M. Werman - dwerman@flsalaw.com

Maureen A. Salas - msalas@flsalaw.com

Sarah J. Arendt - sarendt@flsalaw.com

Zachary C. Flowerree - zflowerree@flsalaw.com

Michael M. Tresnowski – mtresnowski@flsalaw.com

WERMAN SALAS P.C.

77 W. Washington Street, Suite 1402

Chicago, IL 60602

Telephone: (312) 419-1008

Facsimile: (312) 419-1025

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