Regional Vice President of Sales The Retirement Plan Company
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Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Fifth Circuit Rules Disabled Employee Can Assert Retaliation Claim Concerning Termination of Health Benefits (PDF)
U.S. Court of Appeals for the Fifth Circuit Dec. 13, 2013
"[W]hen a current employee suffers a disability that (1) makes him unable to perform his job duties for a period of time; and (2) entitles him to benefits under a plan that qualifies as an ERISA plan, it would be unconscionable to require that employee -- who, but for his new disability was qualified for his position -- to demonstrate that he was qualified for his position at the time of his termination in order to prove a retaliation claim. If such a requirement were part of the employee's prima facie case, a disabled employee that was unable to perform his job for a period of time would never be able to establish a prima facie case of ERISA retaliation, even if it was otherwise undisputed that the employer terminated him solely to avoid paying ERISA benefits." [Jimmy Parker v. Cooper Tire & Rubber Company, 12-60503 (5th Cir. Dec. 12, 2013)]
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