1. In accepting an early retirement package from his employer, Eddy could not work as a hotel/restaurant worker. He took a job as a supervisor at a local restaurant. Eddy continued to receive full benefits from his previous employer for two years when he was informed that the pension plan had changed and that his benefits would be terminated because he was working in the hotel/restaurant industry. Apply the legal criteria of ERISA to the scenario and analyze what, if any, legal recourse is available to Eddy. Identify the potential legal claim and assess the likelihood of prevailing in conjunction with the potential employer liability
2. Mary Smith was an employee of Thomas Contracts, a pipeline construction company. Mary was supervised by H.D. Thomas, son of the owner of the business. She became involved in an affair with Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on her performance since the affair began. Mary filed a suit against Thomas Contracts, alleging that her discharge was due to gender discrimination, sex discrimination, and in violation of Title VII. Analyze and determine whether she succeeded. Identify and explain the applicable law and statutory authority in conjunction with the facts in the scenario to support your conclusion.
- 7 years ago