Know Your Rights: The Employee Retirement Income Security Act (ERISA) is an Important Federal Law for Employees

HNWBusiness 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 businesses.

There are remedies for employees who may have a claim for a violation of ERISA if:

  • He/she was wrongfully denied health benefits that are/were offered through your employer;
  • He/she was retaliated against for questioning or testifying about employment-related compensation or benefits;
  • He/she was terminated by your employer to prevent you from obtaining specific employment benefits (i.e. vesting pension);
  • He/she was 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 employee 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.  If you have questions about this post, contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or by email at

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