THE SEAMAN CASE
In a 1993 decision, the US Court of Appeals for the Eleventh Circuit held that ERISA Section 510 prohibits an employer from discharging an employee to prevent the employee from taking advantage of non- vested benefits. In Seaman v. Arvida Realty Sales,6 the Eleventh Circuit ruled that an employee who was discharged for refusing to accept a contract as an independent contractor and as a result lost the right to future participation in the company’s 401(k) and health care plans could assert a claim of discrimination under ERISA Section 510.