Re: Ingersoll -Rand Co. V. McClendon, Page 57

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 age. plaintiff felt he was laid-off short of his ten years of service so defendant could avoid pension obligations. complainant sued for wrongful discharge. Defendant argues that plaintiff?s usual ordinance claim was preempted by the ERISA (Employee seclusion Income Security Act). ARGUMENTS: Plaintiff: wrongful discharge Defendant: alter at will and super C constabulary case was preempted by ERISA provisions.

ISSUE(S) An ERISA plan exists and the employer had a pension-defeating rootage in terminating the employment of plaintiff. safekeeping: EIRSAs explicit language and its demonstration and purpose demonstrate a congressional intent to pre-empt a state common law claim that an employee was unlawfully discharge to prevent his attainment of benefits downstairs an ERISA covered plan. DECISION: In f...If you want to get a full essay, order it on our website: Orderessay

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