You are not logged in
Free Special Reports

Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!

Featured Special Report

Claim Your Free Copy of Top 10 Best Practices in HR Management

HR professionals have the opportunity to play a more strategic role in the business by keeping up to date with the latest HR innovations--technological, legal, and otherwise. This special report will discuss how HR managers can anticipate and address some of the most challenging HR issues this year.

Topics in this special report include:

  • Healthcare in 2012
  • FMLA Paid Leave Initiatives
  • Ethics
  • Social Media
  • Environmental Responsibility
  • Workplace Wellness
  • Classifying Employees
  • Retirement of Baby Boomers
  • Identity Theft
  • Communications

Make sure you have the information you need to know about these current HR challenges and how to most effectively manage them in your workplace.

Download Now!

Bookmark and Share
April 30, 2002
Chevron Loses ERISA Case
Che
For a Limited Time receive a FREE HR Report "Top 10 Best Practices in HR Management." This comprehensive special report will give you the information you need to know about these current HR challenges and how to most effectively manage them in your workplace.   Download Now
vron duped employees of its Richmond, Calif., refinery into retiring just before the oil giant offered lucrative buyout packages, according to a San Francisco federal court decision.

The court has ordered Chevron to pay the workers retroactively, according to the San Francisco Chronicle.

The newspaper says the decision strengthens the right of employees to demand complete and honest information about any plans to change their pension and retirement benefits.

"In an era when many workers are losing their safety net and their retirement security, this is a very important ruling," said Michael Ram, the San Francisco attorney who represented the Chevron employees.

Fred Gorell, a spokesman for the oil company, now known as ChevronTexaco, called the judge's opinion disappointing.

"We don't agree with his decision in favor of the plaintiffs," he said. "We are reviewing our options, one of which would be to appeal."

U.S. District Judge William Alsup has awarded six machinists, mechanics and other rank-and-file workers who retired in 1999 the additional money they would have received had they left Chevron after the company announced its retirement incentives.

The former workers deserved the award, said Alsup, because Richmond refinery manager William Steelman had responded to their questions about a possible buyout by saying, "Not at Richmond," even after he agreed to offer buyouts to certain other workers.

"Chevron actively misinformed its Richmond workforce," wrote Alsup, "by representing that a final decision had been made by Chevron when, in fact, Mr. Steelman knew or should have known that no final decision had been made."

The Chronicle says the case turned on Alsup's interpretation of the Employee Retirement Income Security Act. ERISA requires employers to become plan fiduciaries, a legal status that requires them to act in the best interests of employees - rather than, for example, in the best interests of the company - when dealing with employment plans.

In this case, explained Alsup, Chevron had two duties as a fiduciary. One was not to "actively misinform" employees about "the likely future of plan benefits." The other was to tell employees who asked that the company was giving "serious consideration" to changing benefits.

To view the San Francisco Chronicle article, click here.



Twitter  Facebook  Linked In
Follow Us
WEBARRAY6
Copyright � 2012 Business & Legal Reports, Inc. All rights reserved. 800-727-5257
This document was published on http://HR.BLR.com
Document URL: http://hr.blr.com/HR-news/Benefits-Leave/ERISA/Chevron-Loses-ERISA-Case/