Rosploch v. Alumatic Corp. of America

This is an action by an employee to recover his interest in a profit-sharing plan. At issue is whether an amendment to such a plan providing for forfeiture in the event the employee, took employment with a competitor could be applied by the employer to divest interests which were vested before the amendment took effect.

The facts are not in dispute.

The Alumatie Corporation of America (hereinafter referred to as Alumatie) is engaged in the manufacture and sale of aluminum combination windows and doors. Eugene Rosploch was an employee of Alumatie (or its predecessors) from September of 1946…