Barton & Downes is investigating companies that promised a fringe benefit to their employees either continuing into retirement or after retirement and subsequently eliminated that benefit.

These programs include: (1) a voucher program provided to the company’s retired employees; (2) a 100% discount to the company’s retirees on goods sold by the company; or (3) cash reimbursement to retirees to purchase another company’s products or services. Frequently, but not always, these benefits are taxable to the employee/retiree. Even if not labeled as a benefit governed by the Employee Retirement Income Security Act (“ERISA”), this investigation concerns whether the program is governed by ERISA and whether the elimination or reduction of those benefits is prohibited by ERISA.

We will need to obtain some information in order to investigate your claim. In order to be eligible, you must have worked for the company for at least five (5) years and you must either (1) be a current employee promised such a benefit after you retire or (2) be a retired employee whose company promised you such a benefit.