Some typical Employee Retirement Income Security Act violations

The Employee Retirement Income Security Act, abbreviated to ERISA, is a law enacted with the purpose of protecting the employees of private employers when it comes to their pension plans or other types of insurance plans. Therefore, ERISA puts minimum standards in place to ensure that employees are protected from poor practices.

If you have a health insurance or pension plan with your employer, you may have a reason to believe that it has been managed poorly. If this is the case, it's likely that you will need to demonstrate that an ERISA violation occurred in order to successfully make a legal claim. The following is an overview of your employer's obligations under ERISA and the most typical ERISA violations that occur.

What are my employer's obligations under ERISA?

Your employer has the legal duty to provide plan participants with important information regarding their plan. This means that they must give details on how the plan is financed, and the major features of the plan. They also need to put in place procedures for managing complaints from plan participants, and outline all of the duties of those who manage assets in the plan.

What are the most common ERISA violations?

Probably the most common ERISA violation is an instance in which an employer wrongfully denies benefits owed to a current or former employee. If you believe that you are owed benefits under the plan that you participated in but you were denied them, you may want to take action to argue that an ERISA violation occurred.

Secondly, it's also common for a fiduciary duty to be breached by a person managing assets held within the plan. This could mean that the employee's best interests were not followed when a person was managing the assets held within, and, as a result, financial losses could have been made.

If any of the rights of employees were breached, this also counts as an ERISA violation. For example, if you were not given all of the information that you were entitled to regarding the plan, you may be able to take legal action.

If you believe that your ERISA rights were violated, it is important that you take legal action to get justice.

No Comments

Leave a comment
Comment Information
Email Our Attorneys

Our Insurance Lawyers Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • American Board of Trial Advocates
    American Board of Trial Advocates A prestigious national association of experienced trial lawyers and judges. Membership is by exclusive invitation only. All members shall have completed 10 civil jury trials to jury verdict or hung jury as lead counsel.
  • Best Lawyers
    Best Lawyers The oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers.
  • AV | PeerReviewRated | Martindale-Hubbell | For Ethical Standards and Legal Ability
    Martindale-Hubbell Peer Review Ratings An objective peer review rating indicator of a lawyer's high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary. Pillsbury & Coleman founding partner Philip L. Pillsbury Jr. is rated “AV Preeminent.”
  • Super Lawyers
    Super Lawyers A peer-review rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  • Best Lawyers | Best Law Firms | U.S.News & World Report | 2019
    Best Lawyers Best Law Firms U.S. News 2019
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
    American Association for Justice (AAJ) Founded in 1946, AAJ is the world’s largest trial bar and supports the work of attorneys to ensure that injured plaintiffs can obtain justice.
  • American College of Coverage Counsel
    American College of Coverage and Extracontractual Counsel Composed of preeminent insurance coverage counsel in the United States and Canada, representing the interests of both insurers and policyholders. The minimum membership requirement is the practice of insurance law for at least fifteen consecutive years.
  • Association of Business Trial Lawyers | abtl
    Association of Business Trial Lawyers Founded in 1972, ABTL is dedicated to connecting litigators and judges to address issues important to trial lawyers.
  • Consumer Attorneys of California
    Consumer Attorneys of California The only California-wide unified trial bar for plaintiffs lawyers who represent consumers harmed by powerful foes such as insurance companies, pharmaceutical companies, automobile manufacturers and banks.
  • SFTLA | San Francisco Trial Lawyers Association
    San Francisco Trial Lawyers Association For over 60 years, this prestigious bar association has educated and trained trial lawyers and supported and passed critical legislation to protect and advance individuals’ rights.
  • United Policyholders | Empowering the Insured
    United Policyholders A non-profit group dedicated to providing trustworthy and useful information and an effective voice for insurance consumers in all 50 states.
  • America's Top 100 High Stakes Litigators | 2018 | Top 100
    ACCEC | American College of Coverage and Extracontractual Counsel | Fellow