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Participant Is Entitled to Deferred Compensation Benefits Despite Termination for Refusal to Transfer Positions
Michelle L. Roberts, via LinkedIn Link to more items from this source
July 23, 2018

"Defendants argued that Peck was an at-will employee without any employment contract assigning him to a specific position or specific duties so the company could direct him to perform whatever duties it chooses. Thus, his refusal to accept the new position constitutes a 'refusal to perform' the 'material duties and obligations' of his employment. The Court determined that Defendant's interpretation of the Plan is incorrect because it is incompatible with the terms of the Plan and 'upsets the parties' reasonable expectations about the duties of a person's employment with the company.' It would require an at-will employee's 'material duties and obligations' to be completely unconnected to his or her current position." [Peck v. SELEX Systems Integration, Inc., No. 17-7138 (D.C. Cir. July 17, 2018)]

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