ERISA Notwithstanding, Termination of Employment to Avoid Paying Pension Benefits Creates a Cause of Action for Wrongful Discharge: McClendon v. Ingersoll-Rand Co., 779 S.W.2d 69 (Tex. 1989)
Date
1990
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Publisher
Texas Tech Law Review
Abstract
Analyzes the Texas Supreme Court case McClendon v. Ingersoll-Rand co. and its impact on Texas employment law. Specifically it discusses the exception it created to the Employment-At-Will Doctrine when an employer fires an employee to avoid paying pension benefits. This decision has in effect created a new cause of action for employees wrongfully discharged.
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Keywords
ERISA, Employee Retirement Income Security Act of 1974, Wrongful discharge, McClendon v. Ingersoll-Rand Co., Pension, Employment at will doctrine, Employment law
Citation
21 Tex. Tech L. Rev. 2289