Is a plaintiff's claim that she was fired to prevent her pension from vesting valid?
MultiRegion, United States of America
The following excerpt is from Nishimoto v. Federman-Bachrach & Associates, 903 F.2d 709 (9th Cir. 1990):
The defendants removed Nishimoto's suit to federal court, claiming that her allegation that she was fired to prevent her pension from vesting was preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Secs. 1001-1461. In response, Nishimoto filed a motion to remand the action to state court. The district court determined that the preemption issue was "squarely covered" by this court's decision in Sorosky v. Burroughs Corp., 826 F.2d
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