If I am being denied my pension to to an alleged violation of a non-compete clause, what are my rights?

UPDATED: Sep 3, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 3, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am being denied my pension to to an alleged violation of a non-compete clause, what are my rights?

I left an employer in February2000 and was vested in a defined benefit pension plan that was to pay me $34,000 at 65 years old but I could start collecting after reaching 55 at a lesser amount. I am 60 and called them to start collecting next year. I was told my pension plan was terminated because I had violated their non-compete clause. Previous to this they had never said anything to me that my about this in writing or otherwise. What should I do?

Asked on September 3, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with an employment law attorney, bringing with you copies of any documents, emails, memos, etc. relating to the pension and also copies of the noncompetition agreement (or the larger agreement it's in) and any other relevant correspondence. IF the governing documents of the plan or the noncompetition agreement specifically state that you will forfeit your pension if you violate the agreement,  then it may be legal to deny you the pension--but it would not be if you had never agreed to that term. Therefore, you need an attorney to review the relevant documentation with you. Good  luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption