Legal Opinion
Gilbert v. Burlington Industries, Inc.
Court of Appeals for the Second Circuit
Decided June 17, 1985No. Nos. 902, 943, 953, Dockets 84-7824, 84-7908 and 84-7914PublishedCited by 68 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge.
We review on this appeal an employer’s severance pay policy to decide whether it is an ERISA plan that preempts a state from ordering an employer to pay benefits to departing employees. By the terms of the employer’s manual, eligibility to receive severance pay was limited to those employees “involuntarily terminated” from the company, i.e., separated from the employer’s payroll and not later reemployed by the company. Eligibility for benefits thus was to be determined by the discontinuity of an employee’s employment — its severance — and not by the duration of…
2Cases cited28 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Southeastern Community College v. DavisSupreme Court of the United States · 1979
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
23 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
- The Sommers Drug Stores Co. Employee Profit Sharing Trust, Cross-Appellant v. Corrigan Enterprises, Inc. And Walter N. Corrigan, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986
- Nachwalter v. ChristieCourt of Appeals for the Eleventh Circuit · 1986
- Aetna Life Insurance Company v. Francisco L. Borges, Treasurer of the State of Connecticut, and State of ConnecticutCourt of Appeals for the Second Circuit · 1989
- Vann K. Howard and Kathryn D. Howard v. Parisian, Inc., Etc. Parisian Employees Health Care Plan Hahn Shoe Company Protective Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1987
63 more not listed; retrieve them via the Exa API.