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Pension plan renaged on

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wrongedatwork

Guest
I recently lost my job due to "downsizing" in my company. When I took the position, 8 years ago, I was promised to be included in a pension plan without a waiting period due to my having worked previously for the company. I had an agreement that I drew up signed by the owner of the company. I lost the signed copy but have copies of the unsigned agreement. About two weeks after starting the job I was told by the owner that the pension plan was discontinued. I did not pursue this legally at the time since it would have jeopardized my position. Can I do something at this point to collect on this promise that was obviously made no intention of keeping it?

 


D

DT7777

Guest
First, if you have not done this already, I suggest you send the employer a letter stating that you took the job believing that you would have a pension plan, etc. etc. You can also include with this letter a copy of the signed agreement. You may want to suggest in that letter that you are ready to pursue this in court. Then, if you have not heard back, make a phone call to confirm they received this letter. IF the employer is still stalling, I suggest you then consult with an employment/labor lawyer. There are referrals on this website. You may be able to recover a percentage of the pension.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wrongedatwork:
I recently lost my job due to "downsizing" in my company. When I took the position, 8 years ago, I was promised to be included in a pension plan without a waiting period due to my having worked previously for the company. I had an agreement that I drew up signed by the owner of the company. I lost the signed copy but have copies of the unsigned agreement. About two weeks after starting the job I was told by the owner that the pension plan was discontinued. I did not pursue this legally at the time since it would have jeopardized my position. Can I do something at this point to collect on this promise that was obviously made no intention of keeping it?

<HR></BLOCKQUOTE>

My response:

I'm afraid there's really nothing you can do at this point in time. First, you say that you "lost the signed copy [of the agreement]" and then, you said that you knew "two weeks after starting the job" (or 8 years ago) that your employer breached the contract. Now, you have no "Proof" that there ever was an agreement (only an unsigned agreement - which is worthless) and you "sat on your rights" allowing the Statute of Limitation to run out on any potential Breach of Contract action you may have had. Sorry.

IAAL

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