Legal Question in Employment Law in Florida

Terminated 2 months before Vested in Pension plan

I just found out I will be laid off due to ''corporate restructuring at a large insurance company I work for as of 12/31/00. On 3/4/2001 I would have been with the company for 5 years and it would have made me 100% vested in my companies pension plan. Can they get away with this or should I be entitled to some sort of settlement to compensate for this????


Asked on 12/14/00, 10:18 pm

1 Answer from Attorneys
Kelly Henderson

Re: Terminated 2 months before Vested in Pension plan

A company cannot fire you because you are about to become vested in the pension plan. However, if they fire you for a non-discriminatory reason and it just so happens that prevents you from vesting, then the company may have acted legally. You may want to discuss this with an attorney. Because this was a "restructuring" I assume other were laid off and it would be important to know if the lay off affected many others in your position with regard to vesting rights? The short answer is that it may have been legal, but on the few facts contained in your question one cannot be sure.

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Answered on 12/15/00, 4:09 pm


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