Employee Retirement Income Security Act (ERISA)

HNWBusiness Law, Elder Law, Employment Law

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension plans, health plans, and employment-related compensation within private industry.

You may have a claim for a violation of ERISA if:

  • You  were  wrongfully denied health  benefits that are/were  offered  through  your  employer;
  • You were retaliated against for questioning or testifying about employment related compensation or benefits;
  • You were terminated by your employer to prevent you from obtaining specific employment benefits (i.e. vesting pension);
  • You were not provided severance in accordance with a well-defined severance plan/policy of your employer;
  • A misrepresentation was made by your employer about your employment benefits; or,
  • You were wrongfully denied requested information related to your employment benefits.   

The types of claims discussed above are not intended to be an exclusive list of possible claims under ERISA, but rather, representative of some common claims. ERISA is a complicated area of federal law that provides very specific remedies depending on the type of violation alleged.  An employee or former employee must also, in many cases, exhaust certain administrative remedies before bringing such a claim.  

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