“It shall be unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan.”
My thirty-six years of documentation, every layoff and every date I’d ever logged, turned out to matter less than one simple fact: a single-name reduction, timed precisely to my vesting date, by a manager who’d have known that date better than almost anyone in the building, since he’d sat across from me at my own retirement planning meeting two years earlier.
She filed a claim with the Department of Labor within the month, citing the timing and the single-name reduction as evidence of intentional interference. The company’s own HR records, once subpoenaed, showed internal emails discussing my pension liability by name in the weeks before the reduction was finalized — about as clear a paper trail as these cases ever get.