Unisys Corporation v. Adair, et al.

Case Updates

NCLC urged the Supreme Court to review a Third Circuit decision holding employers liable for failing to remind employees that companies have the right to amend or terminate benefit plans at their discretion. In this case, Unisys modified a benefit plan provided to the company's retirees. The Third Circuit held Unisys liable for failing to remind employees and retirees in each oral and written exchange that Unisys had the right to amend the benefit plan at any time. In its brief, NCLC argued that ERISA does not require employers to continually remind employees about the company's rights. NCLC warned that the decision affects more than five million employee benefit plans and potentially exposes federal courts to an entirely unnecessary class of ERISA litigation.