Upon divestiture Firestone refused to pay such benefits, asserting that no contingency had occurred resulting in maturation of severance pay rights. During its operation of the Lavergne facility, Firestone maintained a severance pay plan for the benefit of its employees. Prior to the sale, all the plaintiffs were employees of Firestone and, upon consummation of the divestiture, became employees of Bridgestone without losing a day of pay. In 1982, Firestone sold its Lavergne facility as an ongoing operation to the Bridgestone Tire Company. The focus of this memorandum is limited solely to the issue of severance pay benefits. (1982), for the recovery of certain pension and severance pay benefits that allegedly were lost upon Firestone's sale of its Lavergne tire facility in 1982. ![]() ยง 1331, asserting claims under the Employment Retirement Income Security Act, 29 U.S.C. The case is brought by former nonunion, salaried employees of the Firestone Tire & Rubber Company pursuant to federal question jurisdiction, 28 U.S.C. ![]() This Court must decide whether employees who have not lost a day of pay or any significant deviation in their job responsibilities are entitled to severence pay benefits when their former employer sells the employee's place of employment to a successor corporation who immediately steps in and continues plant operations without an interruption in production. United States District Court, M.D Tennessee, Nashville Division.
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