SAN DIEGO – A San Diego County man alleges his former San Diego employer wrongfully denied benefits under a deferred compensation plan.
Ronald Elbling filed a complaint on Dec. 2 in the U.S. District Court for the Southern District of California against Crawford and Co. and Does 1-20 citing the Employee Retirement Income Security Act and other counts.
According to the complaint, the plaintiff alleges that on Jan. 31, 2014, he retired at the age of 70 from his employment with the defendant as an executive general adjuster. On April 4, 2003, while still employed by the defendant, the suit states plaintiff and other similarly situated, highly-compensated adjustors were offered the opportunity to defer portions of their income on a pre-tax basis. However, after his retirement and subsequent employment with defendant's competitor, Vericlaim, he alleges he received a letter from the defendant stating that his vested long-term incentive credit benefit of $76,785.97 was forfeited because he allegedly violated defendants' non-compete provisions.
The plaintiff holds Crawford and Co. and Does 1-20 responsible because the defendants allegedly denied plaintiff his benefits based on biased reviews as plan administrator in favor of their employer/defendant, failed to give plaintiff the opportunity to argue against the non-compete provision, and imposed an unlawful non-compete provisions as a condition to receiving long-term incentive credits benefits.
The plaintiff requests a trial by jury and seeks judgment against defendants, determination of the rights of the parties, general, special, and punitive or exemplary damages, attorneys’ fees, interest, costs of suit and further remedies as the court deems just. He is represented by Edwin Neal Schwartz of Law Offices of Edwin Neal Schwartz in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02951