Tweddle v. Tweddle Litho Co.

Plaintiff, a former employee of defendant company, brought an action to compel the payment of funds allegedly due him under a profit sharing plan.1 The administrative committee of the profit sharing plan decided that plaintiff had forfeited his benefits under a provision of the profit sharing plan as plaintiff had, after resigning from defendant company, gone to work for a competitor.2 The relevant provision states:

" * * * [A]nd provided further that upon severance of employment for the conviction of a criminal act, for fraud, stealing, unlawful conversion and use of company assets, or if a…