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Can a Failure to Hire Violate ERISA?
Stinson Link to more items from this source
May 13, 2014

"The court said that construing the facts favorably to the former employee, the former employee reasonably expected to become employed full-time. Because that was his reasonable expectation, he met the definition of participant ... This case pre-dates the ACA and the changes employers are making to comply with those requirements.... Those employees who have their hours cut and even, under this case, those employees who are hired for positions that are less than 30 hours a week and not considered for full-time employment, may be able to bring suit challenging the employer's actions." [Sanders v. Amerimed, No. 1:13-cv-813 (S.D. Ohio Apr. 25, 2014)]  MORE >>

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