Pretext For Discrimination In Violation Of ERISA Not Proven, 2nd Circuit Rules

NEW YORK - Executors of a terminated employee's estate failed to prove that the employer's stated reason for the discharge - reducing costs during economic downturn - was pretextual, the Second Circuit U.S. Court of Appeals ruled Nov. 5 in affirming that the employer did not interfere with health plan benefits in violation of Section 510 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq.  (John Gioia, et al. v. Forbes Media LLC, et al.,  No. 11-4406, 2nd Cir.; 2012 U.S. App. LEXIS 22689).

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