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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6390
Experience:  20 years professional experience
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I worked for Equipment in Michigan from Aug 1978 till Aug

Customer Question

I worked for Clark Equipment in Michigan from Aug 1978 till Aug 1983 - 5 years no breaks in service. Am I vested?
Company says it was ten years. I think it changed to 5 years in 1983.
I want to know when the vesting period changed and do I have a claim.
Trying to talk to the company is difficult and not productive.
Thanks, *****
Submitted: 9 months ago.
Category: Employment Law
Expert:  Maverick replied 9 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 9 months ago.


If you do not have a copy of the retirement plan or investment plan book containing the terms and conditions regarding vesting for each year between 78 and 84, then there is no way to know your vesting status. If the company is not voluntarily turning that over to you, then you may want to consider filing a declaratory judgment action and ask for a court order that issues a formal ruling regarding whether you are vested based on the facts and the applicable company policies. The benefit of filing such an action is so that it will allow you to conduct litigation discovery in which the company will be forced to have to produce the relevant plan booklets. Please see this law. You may need to hire an employment litigation attorney to help you with this. Here is a sample DJ action so you know what one looks like. This one is for federal court, but it may be modified for State court actions.

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