New York | Disability Law
Legal Question
Workers comp/ disabled/ pension/company sold
I am disabled from a work accident. Receive ssd/comp. I have applied for my pension and have a problem. The company I worked for was purchased by another. Then they spun off the department where I was employeed (non-active employee/off on comp. I was retained by the the first buyer and not transfered to the other. Reason- they would not accept anyone off on disability as a liability. this is a union shop to boot. This was in 1986. I never new that I did not transfer to the other company, until I enquired about my pension. I called the company, and after several months I called them back and they told me I was not in their employ, and that I stayed with the origional purchaser. OK, I finally get contact with them and after much time I am receiving a pension. Much less then what I would receive had I been transfered when they spun off. I get the years of service, but the multiplier stopped way back, and they are taken a % off due to 55 yo retirement. I am being penalized for being hurt and disabled on the job by this. I should not get any less pension, than I would get had I not been disabled on the job/ or the sin off did not happen. What can I do, and is their possibly discrimination/civil rights violation?? How to proceed.. Thank
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Read More Answered By: Mark S. Moroknek |
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