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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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.

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