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.

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