Plaintiffs Alan Carlson and Peter DeLuca claim that when they were terminated from their long-time employment with Northrop Grumman Technical Services, Inc., they were denied severance benefits that they should have received in accordance with the Northrop Grumman Severance Plan (“Plan”). Plaintiffs allege that they were denied severance benefits due to their employer’s desire to avoid longevity-based payments to senior employees and, further, that the denial and their employer’s silence about its intentions to exercise discretion to avoid such payments violated the Employee Retirement Income Security Act of 1974 (“ERISA”).
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