If I was recently fired for “lack of production”, can the company keep my pension and profit sharing plans?

If no, when must they give them to me?

Asked on November 19, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are entitled to your pension and profit sharing IF under the plain terms of those plans, you get to keep them after termination of employment (given how long you were there): that is, there is no one-size-fits all answer to your question, but rather the vesting, payment post-termination, etc. of pension and profit sharing plans is governed by the terms of those plans. It would be legal for you, under the circumstances, to get them in full; or to not get them at all; or to get some pro rata or proportionate share; etc. It's all about  what the terms of the plans are, and you should take the plan documents with you to an attorney to review.


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