Re Ingersoll -Rand Co. V. McClendon, Page 57 Essays - Business, Law

Re: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1-4-99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co., defendant, for nine years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiff's common law claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: Wrongful discharge Defendant: Terminated at will and common law case was preempted by ERISA provisions. ISSUE(S) An ERISA plan exists and the employer had a pension-defeating motive in terminating the employment of plaintiff. HOLDING: EIRSAs explicit language and its structure and purpose demonstrate a congressional intent to pre-empt a state common law claim that an employee was unlawfully discharged to prevent his attainment of benefits under an ERISA covered plan. DECISION: In favor of Defendant. ANALYSIS: General Rule of Law: The impact of this case of business today is noticeable in actions where you see companies offering early retirement packages to reduce workforce size and also avoid wrongful termination suits. This case has held corporations more accoutable for terminating. Case study states if plaintiff would have sued for pension benefits instead of wrongful termination the outcome would have been in his favor. Rule applied to facts: The Texas court granted the company summary judgment and the State Court of Appeals affirmed, ruling that plaintiff's employment was terminable at will. The State Supreme Court reversed and remanded for trial, holding that public policy required recognition of an exception to the employment-at-will doctrine. Therefore, recovery would be permitted in a wrongful discharge action if the plaintiff could prove that "the principal reason for his termination was the employer's desire to avoid contributing to or paying benefits under the employee's pension fund." In distinguishing federal cases holding similar claims pre-empted by the Employee Retirement Income Security Act of 1974, the court reasoned that plaintiff was seeking future lost wages, recovery for mental anguish, and punitive damages rather than lost pension benefits. Dissenting opinion: None given

Learn How to Use the Present Continuous Tense

Learn How to Use the Present Continuous Tense The present continuous tense, also known as the present progressive, is one of the most commonly used verb tenses in English. It is one that English learners  frequently confuse with a similar tense, the present simple. Present Continuous vs. Present Simple The present continuous tense expresses something that is happening at the moment of speaking. It is frequently used in conjunction with time expressions  such as right now or  today to indicate that an action is occurring at that moment. For instance: What are you doing at the moment?Shes reading in the garden now.Theyre not standing in the rain. Theyre waiting in the garage.   In contrast, everyday habits and routines are expressed using the present simple tense. Its common to use the present simple with adverbs of frequency such as usually or sometimes. For example:   I usually drive to work.Alice doesnt have to get up early on Saturdays.The boys play soccer on Friday evenings. The present continuous is used only with action verbs. Actions verbs express things that we do. The present continuous is not used with  stative verbs  that express a feeling, belief, or state of being, such as hope or want.   Correct: I hope to see him today.  Incorrect:  I am hoping to be  seeing him today.Correct: I want some ice cream right now.Incorrect: I am wanting some ice cream right now. Using the Present Continuous In addition to expressing actions that are currently taking place, the present continuous can also express actions that are happening at or around the present moment in time. For example: What are you doing tomorrow afternoon?She isnt coming on Friday.Were working on the Smith account at the moment. This tense is also  used for future plans  and arrangements, especially in business. Where are you staying in New York?She isnt coming to the presentation on Friday.Im flying to Tokyo next week. Sentence Structure The present continuous tense can be used with positive, negative, and question sentences. For positive sentences, conjugate the helping verb be and add ing to the verbs end. For example: Im (I am) working today.Youre (You are) studying English at the moment.Hes (He is) working on the report today.Shes (She is) planning a vacation in Hawaii.Its (It is) raining right now.Were (We are) playing golf this afternoon.Youre (You are) not paying attention, are you?Theyre (They are) waiting for the train. For negative sentences, conjugate the helping verb be, then add not plus ing to the verbs end. Im not (I am not) thinking about my vacation right now.You arent (You are not) sleeping at the moment.He isnt (He is not) watching the TV.She isnt (She is not) doing her homework today.It isnt (It is not) snowing today.We arent (We are not) staying in New York.You arent (You are not) playing chess at the moment.They arent (They are not) working this week. For sentences that ask a question, conjugate be, followed by subject and a verb ending in ing. What am I thinking?What are you doing?Where is he sitting?When is she coming?How is it doing?When are we leaving?What are you eating for lunch?What are they doing this afternoon? Present Continuous Passive The present continuous can also be used in the passive voice. Remember that the passive voice conjugates the verb to be.  To construct, a passive sentence, use the passive subject plus the verb be plus ing and the  past participle. For instance: Cars are being made in this factory at the moment.English is being taught by the teacher now.Steak is being eaten by the people at table 12. Additional Resources Want to learn more about the present continuous tense? Check out this teachers guide for additional exercises and tips.