Mealey's Labor & Employment - ERISA Doesn't Preempt State Claim For Unjust Enrichment, Federal Judge Rules

Mealey's Labor & Employment - ERISA Doesn't Preempt State Claim For Unjust Enrichment, Federal Judge Rules

ROCKFORD, Ill. - The Employee Retirement Income Security Act does not preempt an employer's counterclaim for unjust enrichment under Illinois state law against former employees who did not reimburse the employer for health insurance premium payments the employer made during the former employees' extended medical leave, a federal judge in Illinois ruled Jan. 30 (Daniel A. Madero v. Peters Engineering, Inc., et al., No. 12 C 50157, N.D. Ill.; 2014 U.S. Dist. LEXIS 11403).

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