Guest cisi Posted July 1, 2010 Posted July 1, 2010 Our ESOP plan documents state that all non-vested accounts be forfeited and allocated to remaining participants in the year after an employee terminates. It also states that if the terminated employee is re-employed prior to five one-year breaks, their account will be restored. We are in the process of hiring. A former employee, that would require restoration of their ESOP account at a significant cost to the company, has applied for the position. Would it be discriminatory to not hire him based on the financial impact to the company?
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