ERISA violation

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ERISA violation

Post  JoeC (McGruff) on Tue Sep 23, 2008 12:03 am

Any action that your employer takes that limits your benefits - such as firing or disciplining you just as you are about to receive benefits - may be an ERISA violation and should be investigated and addressed. Under your employee benefit plan, you usually have the right to healthcare benefits, even when you have developed a major illness. You may have the right to collect disability or insurance benefits, even if your employer feels your problem does not warrant it. And as a vested employee, you may have the right to collect pension benefits, even though you have not worked for the company for decades.

ERISA present very unique legal issues. The standard of review depends on the kind of claim that is made. Recently, there have been a number of class action cases against employers who either bankrupt or diminish or alter benefit plans. The Ninth Circuit has provided some clarification on standard of review, but it is limited to a particular kind of benefit claim.
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