In Kim v. Columbia University, No. 10-3076, 2012 WL 360624 (2d Cir. Feb. 6, 2012) (summary order), the Second Circuit affirmed the grant of summary judgment in favor of Columbia University, dismissing a former employee's claims for retaliation and for benefits based on the forfeiture of his retirement account because he did not satisfy the plan's vesting provisions. The employee could not show the forfeiture was made in retaliation for his filing of discrimination claims because the university had been aware of these claims for over 15 years and his retirement account was closed, along with approximately 2,000 other accounts, during a routine audit of the retirement plan. Additionally, the employee's claim for benefits was found to be moot because his retirement account was restored, with interest, which was the only relief potentially available under ERISA.
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Section 510 claim
- Proskauer Rose LLP
- March 14 2012
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