Wrongful termination ERISA for affecting Pension benefits

In PA my employer terminated my employment after 9 months service hired me from my 20 years Pension vested service by offering very attractive package. Not a good cause of performance state unemployment commission rejected employers reason. My attorney collected only 40% of my severance no other damages for loss of my pension qualified service, retiree health insurance 5 weeks vacation. What recourse I have to collect these ignored damages from my employer or attorney for such poor represent A ion. What is the statute of limitation on time frame from date this incomplete settlement?

1 answer  |  asked May 10, 2015 07:25 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.

That being said, as PA is an 'at-will' state, you can be fired for any reason or no reason, without notice. Your concern seems to be that you have lost pension and other job benefits by taking the job from which you were fired. These are unlikely to be recoverable in a lawsuit. Without knowing the details, no attorney could opine on whether your attorney did a good job - but from the overview, it does not appear that the biggest damages you've suffered (loss of previous job benefits) are legally recoverable.

/Christopher E. Ezold/

posted by Christopher Ezold  |  May 11, 2015 06:46 AM [EST]

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