Most Americans, who are employed in the private firmament at executive, managerial, professional or supervisorial levels have no such protection. Traditionally, their employment was at will and they could be fired, demoted or ache their compensation or benefits at the whim of the employer. The employment at will doctrine is still law in a min
As noted above, sec.
510 of ERISA has been apply to penalize employers, some of which have gone to great lengths by means of corporate shams to deprive their employees of pension benefits, where that intent is clear. Generally, the courts have tended to discard severance pay claims connected with plant closings and downsizings; however, under the 1988 role player Adjustment, Retraining and Notification Act (WARN), employers are required to go by workers' 60 days' notice of termination.
For the majority, Justice Sandra O'Connor said the disparate intervention rule applied, that the employee had to show that age discrimination "actually cause the employer's decision," and that the reason for his firing was not solely or in general his age but rather his years of service.
Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991).
(1) The adoption of federal and state anti-discrimination
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