Legal Question in Employment Law in California
Unlawfull Termination
Due to a downturn of work load I was recently laid off of my job with a large financial company 24 days short of my 5th year aniversary with the company. (My reviews had all been met, or exceeds expectations)
If the company had kept me past 5 years I would have been 100% vested in my retirement plan. Short of 5 years I am 0% vested. This is very suspicious. Isn't it possible that I was selected to avoid having to vest me in my retirement, and if so, is that unlawfull? Do I have legal recourse?
2 Answers from Attorneys
Re: Unlawfull Termination
You are correct in suggesting that the timing is suspicious. If, in fact, you are able to establish that your layoff was due to an intent to prevent your vesting in the retirement plan, it would be unlawful under ERISA. However, a lot more facts are need to make any type of reasonable assessment of your chances of success.
Re: Unlawfull Termination
you may have a valid claim but many questions need to be addressed first . . . such as . . . were others terminated who also were close to vesting . . . does the employer have over 500 employees . . . did you sign an "exit" agreement such as a "waiver" of your rights . . . these and other questions must be addressed for a true evaluation of your claim . . .
there are very specific deadlines for filing discrimination claims . . . if you miss the deadlines you may lose your rights . . .
so you must act now . . .
you may contact the local office of the California Fair Employment and Housing to file a claim which will be investigated by the state at no charge to you . . .
you may contact an attorney for an evaluation who can give you more specific advice about the validity of your claim . . .
please act now so you do not lose your rights . .
good luck . . . Patty Lewis
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