Sham Termination? HELP!

[Guest Madisonlink]

I am in great need of advice regarding whether or not my situation is illegal or a sham termination. I would greatly appreciate anyone who is willing to lend an opinion!

[PensionPro]

See if this discussion helps ...

http://benefitslink.com/boards/index.php?showtopic=43314

[QDROphile]

Only the opinion of the plan counts. That could play out either as not recognizing the termination for purposes of distribution or not rehiring you for fear of consequences of an improper distribution.

[Guest Madisonlink]

Only the opinion of the plan counts. That could play out either as not recognizing the termination for purposes of distribution or not rehiring you for fear of consequences of an improper distribution.

I don't know if this helps, but my plan does not seem to have any prohibition of being re-hired. My plan handbook has a page that discusses: "What happens if I terminate employment and then I am rehired?" This section just discusses that you will be treated as a new employee and will be eligible to become a plan participant upon satisfying the new employee eligibility requirements. It does state that while the break in service rules may delay you from becoming a plan participant again, they will "never cause you to lose any benefits to which you have already become vested."

[Guest Madisonlink]

Thanks Pensionpro...

I read that link and it did help. However, I wonder if my situation is a little different, since I have been on leave due to medical reasons, do not have a date in which I can return to work and still won't when I resign, as I need a release from my doctor to return to work. I don't think mine is as clear cut as just quitting and re-starting as soon as I get a check. I do not know when my doctor will release me back to work though I am hopeful it will be soon. Plus, I can document significant medical issues that prevent me from working at the moment and I have a claim for long-term disability. I would think all of these factors dispute any claim that this would not a real "resignation" and/or move in my favor that despite me needing the money there are also numerous other factors listed above that were weighed in to my resignation, including preventing being terminated by the company in July for not working for several months. It just doesn't seem so clear cut to me.