mr Re: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1-4-99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co., defendant, for nine geezerhood. plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. complainant sued for illegitimate discharge. Defendant argues that plaintiff?s usual order claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: wrongful discharge Defendant: Terminated at will and popular law case was preempted by ERISA provisions.
ISSUE(S) An ERISA plan exists and the employer had a pension-defeating antecedent in terminating the employment of plaintiff. HOLDING: EIRSAs explicit language and its conceptualisation and purpose demonstrate a congressional intent to pre-empt a state common law claim that an employee was unlawfully pink-slipped to prevent his attainment of benefits under an ERISA covered plan. DECISION: In f...If you want to get a full essay, order it on our website:
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