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