Legal Question in Employment Law in Texas
Wrongful Termination
I was working for a sales company for 9 years and 8 months when they fired me 4 months before they would have been required to contribute to my pension fund, claiming that they were required to reduce the work force due to economic issues. I believe that I was wrongfully discharged because the company wanted to deprive me of my pension benefits. Do I have a case and how would I go about proving it?
2 Answers from Attorneys
Re: Wrongful Termination
You would prove it by hiring someone familiar with ERISA section 510 cases and let the lawyer go about proving it. You do not get a jury, you cannot recover punitive damages and you have to file it in federal court. If any one tells you you can get punitive damages for this type of case then they are wrong and you should not hire them.
Most plans require vesting after 6 years of service at the latest. You may already be entitled to a pension.
Re: Wrongful Termination
You may well have a claim under ERISA for deprivation of your pension benefits, although more information would be needed. "Proof" would be inferences from the timing, any internal corporate documents or discussions that would reflect the discriminatory animus, similar conduct with respect to others, etc.
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