Can I sue my employer for breach of contract? 7 Answers as of March 14, 2013

My offer letter states the following: 3. Eligibility to participate in the Company’s Retirement and Savings Plan, effective upon receipt of your enrollment form. This plan offers a dollar for dollar Company match on the first four percent contributed, with 100% immediate vesting upon employment. But my company now that I have signed my offer letter and have been employed for over 1 year, claims that there is a 2 year vesting period for their contributions to my 401k. Legally can I sue for a breach of contract?

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KEYL ADR Services, LLC | Mark D. Keyl
You could sue, but you will be unemployed. It would be better to question HR, showing what you e and asking where the vesting provisions are. It would be better to work it out.
Answer Applies to: Mississippi
Replied: 3/14/2013
Behren Law Firm
Behren Law Firm | Scott Behren
While you probably would not have a suit for breach of contract, you might be able to argue violations of ERISA.
Answer Applies to: Florida
Replied: 3/13/2013
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
I would need to read the remainer of the documents you signed to give you an answer. I suggest you consult with an attorney familiar with pension plans.
Answer Applies to: Georgia
Replied: 3/13/2013
Roe Law Firm
Roe Law Firm | Theodore M. Roe
In short. Yes. If you relied upon that offer in accepting the job there is a contract and those terms appear to be in writing, consequently, it is a pretty straight forward breach of contract matter. However, with all things legal, you should consult with a qualified attorney regarding your specific facts.
Answer Applies to: Oregon
Replied: 3/12/2013
S. Joseph Schramm | Joseph Schramm
As a practical matter you have suffered no damages yet because you are still employed. You probably haven't contributed a lot to the plan over the year and your employer has probably matched that amount. If you were planning to depart your employment prior to the two year vesting period you would receive your contributions and any appreciation. If you are planning to stay with your employer for more than two years, the issue will have become a moot point because the funds will have become vested and you will have suffered no loss, hence no damages or law suit.
Answer Applies to: Pennsylvania
Replied: 3/12/2013
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Yes, but it may lead to a lot of friction for not too much money.
    Answer Applies to: Pennsylvania
    Replied: 3/12/2013
    Thompson & Associates LLC
    Thompson & Associates LLC | Benjamin S. Thompson
    Yes, so long as there are no other provisions in the contract or manual that allow for unilateral modification. You would be able to recover the money damages you incurred had you been immediately vested, and possibly attorneys' fees.
    Answer Applies to: New York
    Replied: 3/12/2013
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