Employment Law Questions? Ask an Employment Lawyer.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.
This really is a matter of contract law. When a union holds money for retirement purposes, it is only held in trust for those that actually qualify for retirement. They do not hold individual accounts for people and if they later become eligible for retirement pay from that account. So, the issue here is that your statement that they have been holding money in your name is ***** ***** accurate unless you had reached some level of tenure or vesting which contractually gave you a right to the funds.
So while I certainly understand your desire to access any funds you can, for you to have any sort of legal argument here, you'd have to point to some contractual provision that would entitle you to a prorated portion and not require the full 10 years to be vested. Regrettably, without any sort of contractual provision to point to, you would not have any sort of claim you could make against them.
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