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ARTICLE · 20 SEPTEMBER 2016

ERISA Section 510 Interference Claim Time Barred

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A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility...

United StatesEmployment and HR
Steven A. Sutro
Steven A. Sutro
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A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as untimely.  Observing that ERISA section 510 does not provide a specific statute of limitations, the court determined that the most analogous state-law cause of action was one for wrongful discharge, which is subject to a two-year statute of limitations under Pennsylvania law.  Because plaintiff was terminated more than two years before bringing suit, the magistrate judge recommended that the complaint be dismissed with prejudice.  The case is Williams v. AlliedBarton Sec. Servs., 15-cv-1348,  (W.D. Pa., report and recommendation Aug. 22, 2016).

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