PHILADELPHIA – A Wayne corporation and one of its operating units is alleged to have failed to pay a withdrawal liability in full to a retirement plan.
The trustees of the Sheet Metal Workers Local 44 Retirement Income Plan filed a complaint on Sept. 20 in the U.S. District Court for the Eastern District of Pennsylvania against Rado Enterprises Inc. and Moro Corp. citing the Employee Retirement Income Security Act.
According to the complaint, Rado ceased operations covered by the parties' bargaining agreement in February 2014. The suit states the plaintiff notified Rado that it was subject to a withdrawal liability of $897,315 and that Rado failed to make some of the quarterly payments. The plaintiff alleges it is still owed $144,892.12.
The plaintiff seeks principal amount of $144,892.12, interest, liquidated damages, court costs, enjoin the defendant to make all future payments due, and any further relief the court grants. It is represented by Andrew J. Kelser, Dinah S. Leventhal and Jacob N. Szewczyk of O'Donoghue & O'Donoghue LLP in Washington. D.C.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-04201-MMB