Re: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1-4-99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co., defendant, for nine years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiff’s common law claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: Wrongful discharge Defendant: Terminated at will and common …showed first 75 words of 342 total…

…showed last 75 words of 342 total…wrongful discharge action if the plaintiff could prove that “the principal reason for his termination was the employer’s desire to avoid contributing to or paying benefits under the employee’s pension fund.” In distinguishing federal cases holding similar claims pre-empted by the Employee Retirement Income Security Act of 1974, the court reasoned that plaintiff was seeking future lost wages, recovery for mental anguish, and punitive damages rather than lost pension benefits. Dissenting opinion: None given