Hubert Back v. Danka Corporation Danka Office Imaging Company and Danka Corporation Severance Pay Plan

**Worker Wins Partial Victory in Severance Pay Dispute** Hubert Back sued his former employer, Danka Corporation, claiming he was wrongfully fired in retaliation and that the company improperly denied him severance pay under their employee benefit plan. The federal appeals court delivered a mixed ruling. The court upheld the dismissal of Back's wrongful termination claim under Minnesota state law, meaning he lost on that issue. However, the court sided with Back on his severance pay claim. The judges found that Danka violated federal employee benefit laws (ERISA) by failing to properly inform Back about internal procedures he needed to follow to appeal the denial of his severance benefits. The court sent this part of the case back to the lower court for further review. This decision matters for workers because it reinforces that employers must follow proper procedures when managing employee benefit plans. If your company has a severance pay plan and denies you benefits, they must clearly explain your right to appeal and tell you exactly how to do it. When employers fail to provide this information, courts may rule in favor of workers, giving them another chance to fight for their benefits.