Gitelson v. Du Pont

Plaintiff, an employee of the defendant partnership Francis I. Dn Pont & Company, brings this action against his employers and the administrators of the retirement board of that firm. The partnership had a retirement fund to which employees did not contribute. Upon severing connection with the firm an employee was entitled to a certain sum unless he “should voluntarily leave the service of the Company or be dismissed for dishonesty ”.

In May, 1957 plaintiff, who was then office manager of one of defendant’s branch offices, requested a leave of absence, stating that he was required to appear…