Could my dad get his pension back if the company took it with a promise to rebuild and never did?

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Could my dad get his pension back if the company took it with a promise to rebuild and never did?

My dad worked at farmstead for 20 plus years. The company took my dad’s pension, and other workers, with a promise to rebuild. They never rebuilt the factory which left my dad unemployed and now with no pension. Can he get it back or could they get sued for it?

Asked on January 7, 2017 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no easy way to answer this question: it depends on the terms under which your father gave the company his pension, if he did give it back voluntarily, or the conditions under which the company took it, if the act was involuntary. Your father may well have a cause of action or claim, but the situation is complex and will depend as stated on exactly what was said, how, any documents or agreements, the nature of the pension in the first place, etc. You and your father need to consult with an attorney in detail about the situation to understand his rights.


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