QUESTION
Can I sue my employer for breach of contract?
Asked on Mar 12th, 2013 on Labor and Employment - Pennsylvania
More details to this question:
My offer letter states the following: 3. Eligibility to participate in the Company’s Retirement and Savings Plan, effective upon receipt of your enrollment form. This plan offers a dollar for dollar Company match on the first four percent contributed, with 100% immediate vesting upon employment. But my company now that I have signed my offer letter and have been employed for over 1 year, claims that there is a 2 year vesting period for their contributions to my 401k. Legally can I sue for a breach of contract?
4 ANSWERS
Employment & Labor Attorney serving Weston, FL
at
Behren Law Firm
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While you probably would not have a suit for breach of contract, you might be able to argue violations of ERISA.
Answered on Mar 13th, 2013 at 5:53 AM
I would need to read the remainer of the documents you signed to give you an answer. I suggest you consult with an attorney familiar with pension plans.
Answered on Mar 13th, 2013 at 12:16 AM
Theodore M. Roe
In short. Yes. If you relied upon that offer in accepting the job there is a contract and those terms appear to be in writing, consequently, it is a pretty straight forward breach of contract matter. However, with all things legal, you should consult with a qualified attorney regarding your specific facts.
Answered on Mar 12th, 2013 at 11:03 PM
Criminal Defense Attorney serving Philadelphia, PA
Partner at
O'Hanlon Law Firm, P.C.
Yes, but it may lead to a lot of friction for not too much money.
Answered on Mar 12th, 2013 at 10:42 PM