Ingersoll Rand Co V Mcclendon Essay

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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 years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiff’s common law claim was preempted by the ERISA (Employee Retirement Income Security Act).

ARGUMENTS:

Plaintiff: Wrongful discharge

Defendant: Terminated at will and common law case was preempted by ERISA provisions.

ISSUE(S)

An ERISA plan exists and the employer had a pension-defeating motive in terminating the employment of plaintiff.

HOLDING:

EIRSAs explicit language and its structure and purpose demonstrate a congressional intent to pre-empt a state common law claim that an employee was unlawfully discharged to prevent his attainment of benefits under an ERISA covered plan.

DECISION:

In favor of Defendant.

ANALYSIS:

General Rule of Law: The impact of this case of business today is noticeable in actions where you see companies offering early retirement packages to reduce...

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