Legal Question in Employment Law in Illinois

I had 26 years prior experience with a private company which was 50% owned by company "X". I left for 8 years (retired) during which time company "X" bought 100% of my former company. I just returned full time, and during the interview the VP of HR for company "X" told me they would recognize my prior service for benefits (vacation, 401K, etc). My pension is "on hold" since I returned to the same company from which I retired. After starting my new job I learned I had to apply for "prior service recognition" at Company "X" online, and they (prior service team) are now refusing to recognize my service This is a $30B publically traded company so the rules appear rigid. The statement on our website says recognition can be based on the acquisition agreement. Is the VP's word an expressed contract or did I just make a severe error by not asking for his statement in writing prior to my acceptance? Does it seem conflicting to give entry-level vacation, 401K, etc. for being considered a new employee with a "new" company, while at the same time putting my pension on hold for returning to the same company from which I retired?


Asked on 1/09/11, 5:50 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

I would strongly suggest you work with an attorney to hold the company to the promise made by the VP. Indeed, it is difficult to prove an oral promise but it's possible to convince an employer that doing the right thing further an atmosphere of positive employee relations. I routinely work with employees on these types of issues.

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Answered on 1/15/11, 5:00 am


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