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Xerox families take company back to court.

Byline: Bennett Loudon

Several former Xerox Corp. workers and their families are heading back to court claiming that the company has failed to live up to an agreement reached to settle a lawsuit.

In a 27-page memorandum filed Monday, the 15 plaintiffs are seeking to force Xerox to comply with the agreement reached in November 2017.

Specifically, they are asking for Xerox to provide a summary plan description for medical and dental insurance, which is required under the settlement.

They want $255,000, which was agreed to in the settlement, to be placed in an escrow account, plus attorneys' fees for the legal work required to file the motion to compel.

The case stems from cost cutting efforts in 1986 when Xerox offered numerous employees an early retirement package that included enhanced benefits, such as lifetime medical and dental insurance for employees and their spouses.

Eight of the plaintiffs in the case were among about 1,000 employees nationwide who accepted the offer. The other seven plaintiffs are spouses who were also entitled to lifetime medical and dental coverage.

In 2008, Xerox notified the plaintiffs that the plan offered in 1986 was being changed. After the plaintiffs failed to stop the changes through administrative channels, they sued Xerox in October 2013.

In November 2017, a settlement with the following terms was reached:

Xerox would pay the plaintiffs $255,000

In Section 1.1 of the settlement, Xerox agreed to provide a letter stating that there is "no present intention to change the plan."

Another letter would be sent saying what plans the plaintiffs are covered under and provide the summary plan descriptions (SPD).

But Xerox has failed to comply with the agreement, according to the memo filed Monday. The SPD has not been provided and the plaintiffs have not been paid the $255,000.

In August, Xerox gave the plaintiffs letters to fulfill Section 1.1 of the agreement. Although the plaintiffs at first rejected the letters, they later decided to accept them.

But Xerox officials now claim the plaintiffs cannot accept the letters as final and that the company can change the language of the letters "regardless of whether the language complies with the settlement terms or is acceptable to the plaintiffs," according to court papers.

"The defendants have also refused to comply with the plaintiffs' request that the settlement sum be placed into an interest bearing escrow account pending resolution of these issues," according to the plaintiffs' memo.

The plaintiffs are represented by Rupp, Baase, Pfalzgraf, Cunningham LLC in Buffalo.

Xerox officials did not immediately respond to a request for comment. (585) 232-2035

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Publication:Daily Record (Rochester, NY)
Date:Oct 23, 2018
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