Employment Law GB541 Course materials

Feb 3rd, 2012
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unit 4 case study

Word Count: 875
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Hazen Paper Co. V. Biggins 507 U.S. 604 (1993)NameDateCourseCollegeInstructorHazen Paper Co. V. Biggins 507 U.S. 604 (1993)It is sufficiently founded that the age and years of service are distinct to allow for termination based on years of service and to find no violation of the ADEA where the terminations results to a greater proportion of older workers being fired. In the case, it is apparent that the Hazen plan allows a staff to enjoy "close of vest" benefits after completion of ten years service to the firm. It is obvious that maybe an older staff is close to attaining the vesting benefits contrary to young employees. The plan set out by Hazen Company requires that an employee must have completed a period of ten years before enjoying vesting benefits. Nevertheless, this is not the case as one employee was fired because he had provided service to the company for a period exceeding nine years, which is close to vesting benefits. In this case firing of the employee cannot be concluded as discriminatory based on age. This is simply a precise judgment by the firm that an employee was close to vesting and therefore the firm had the right to watch out for their future expenditure on recurrent cost. Despite this, it is predominant that under the Employee Retirement Income Security Act (ERISA) an employee can take legal action against a firm for contract termination to avoid expenditure on pension. According to the ADEA, the United States constitution requir

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