Court rejects should-have-fired-us-earlier suit

The Fifth Circuit has rejected a claim that Employers Casualty Co. violated the Employee Retirement Income Security Act, otherwise known as ERISA, by wrongfully failing to terminate a group of employees during a reduction in force (RIF). The workers argued that being fired would have entitled them to an enhanced retirement package and that the […]

The Fifth Circuit has rejected a claim that Employers Casualty Co. violated the Employee Retirement Income Security Act, otherwise known as ERISA, by wrongfully failing to terminate a group of employees during a reduction in force (RIF). The workers argued that being fired would have entitled them to an enhanced retirement package and that the company fell short of its fiduciary responsibility when it refrained from giving them the axe. (“Court rejects workers’ claim that they should have been fired sooner”, California Employment Law Letter/HRHero.com (M. Lee Smith Publishers), Feb.). The case was Bodine v. Employers Casualty, Dec. 12, 2003 (No. 03-20190).

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