Legal Question in Civil Litigation in Georgia
Loss Of Retirement
My Father works for a local trucking company in Georgia. He was in an accident and suspended from his job and then fired. When he was fired they told him he would not recieve his retirement that he has paid into for years now. I would like to know if they can do that and how it is possible? The accident involved taking down some powerlines and poles as well as telephone poles and lines. He was at fault for the accident but he is 62 or 63 years old. He is too old to rebuild his retirement.
1 Answer from Attorneys
Re: Loss Of Retirement
It depends on the retirement plan. However, regardless of the plan, whatever money he paid into the plan through a payroll deduction out of his salary, he IS entitled to any and all money that he personally paid in.
Many company retirement plans require an individual to be an employee for a certain length of time (ie - 5 years) before the contributions the company makes to the individual's retirement account become "fully vested," (meaning the employee is entitled to that money if the employee should leave employment) Other plans only allow an employee to recover the company's contributions IF the employee works at the company until retirement. You need to review the documents regarding your father's employer's retirement plan carefully. If your father or you do not feel comfortable doing so, I would highly recommend that you hire an atttorney to spend a couple hours reviewing the company plan to determine what money your father may or may not be entitled to. Good luck with the situation. Feel free to contact me if you would like assistance in this matter.
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