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Third Circuit Dismisses Employees' Class Action Suit and Finds Chemours' Severance Plan Is Not Subject to ERISA
Morris James LLP, via JDSupra May 4, 2018
"The court found that the ancillary rights granted or obligations imposed upon the VSP participants (a knowledge transfer requirement, restrictive covenant, non-disparagement provision, and right to reapply) did not make the VSP an ERISA plan because there was a time-limited obligation, it did not implicate ongoing administration, and it required passive and ministerial observation." [Girardot v. The Chemours Company, No. 17-1894 (3d Cir. Apr. 30, 2018)]
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