Legal Question in Legal Ethics in California
Att: Law Guru... since you could not get the gist of my having ask you a question several times, I will now outline the entire discourse between me and my former employer, Lockheed Martin. Here goes....
Lockheed Martin Corp.
Attn: Pension Plan Administrative Committee
6801 Rockledge Drive
Bethesda, MD 20817
Dear Sirs:
I am in receipt of your letter dated April 20, 2012 concerning my appeal for an adjusted pension payout. I had not re-read the SPD, since initially receiving it in year 2007. So the guidelines were not completely clear in my mind. Thank you for bringing all that information to my attention. I would like to continue my appeal based on the grounds that I would contend that Lockheed had a legal if not a moral obligation to WARN a retiree 90 days prior their 60th birthday if a pension payout has not been activated. That reminder should have clearly stated the penalty of delaying my pension payout, any further past that point in time. We are, after all, human beings that are subject to oversights and making wrong assumptions. Even big corporations make mistakes but are held to a higher standard, which is understandable.
I hope this extended appeal is not going to be single handedly determined by some pension bureaucrat that offers no flexibility except to quote me declarations in the SPD. I believe this appeal is best suited for panel review.
Lockheed was a corporation I proudly worked for because they always treated me fairly. I hope that relationship will prosper and that you give me the benefit of the doubt in this matter. Please continue to make me proud by trying to understand my point of view and thus taking the high moral ground. I will however fight for my rights in a public forum if justice is not served.
Thanks in advance for your understanding in this appeal of utmost concern.
What do you think ? Do I have a case here ?
1 Answer from Attorneys
First of all, you have posted in the wrong category. This category is for people with questions concerning the statutes and rules governing the practice of attorneys admitted to practice law in California. It has nothing to do with being fair, or the morals or ethics of businesses.
Second, no one can tell you that you have a case without reviewing your entire case, including any contracts that you have, and documents governing the pension plan. You may also have already started administrative proceedings, which have their own rules and guidelines. All of that would have to be reviewed, by an attorney to determine whether you have a case.