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 days. plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. plaintiff sued for improper discharge. Defendant argues that plaintiff?s usual police force claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: wrongful discharge Defendant: Terminated at will and commonplace law case was preempted by ERISA provisions. ISSUE(S) An ERISA plan exists and the employer had a pension-defeating herald in terminating the employment of plaintiff. HOLDING: EIRSAs explicit language and its preparation and purpose demonstrate a congressional intent to pre-empt a state common law claim that an employee was unlawfully carry through to prevent h is attainment of benefits under an ERISA covered plan. DECISION: In f...If you want to get a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay