ERISA Violations

One of the key laws governing employee benefit plans in the workplace is the Employee Retirement Income Security Act (ERISA).  ERISA establishes certain rules that must be followed by companies that provide various types employee benefit plans including retirement, pension, 401K, and health care plans. 

Our attorneys provide recurring counseling and are frequently involved in employee benefits-related litigation involving the following issues and laws: 

• the Consolidated Omnibus Budget Reconciliation Act (COBRA).
• Employee Profit Sharing, Pension and 401K Plans.
• the Health Insurance Portal to Portal Act (HIPPA).
• Short and Long Term Disability Benefit Plans.

Some examples of ERISA violations are:

• As a result of your employer not paying you overtime wages you earned but never received, contributions and deposits into your 401K, pension, or retirement plans are less than what they should be if the Company had complied with its overtime obligations;
• Your employment was terminated because you attempted to file a claim under your employer’s self-insured health insurance plan for a medical procedure that was in fact covered by the plan’s terms—but which procedure would have cost too much in the Company’s view; and
• Just before you were to become fully vested in obtaining a certain level of retirement benefits, you were fired so that your employer could avoid the liability that would have been required to fund those benefits which you would have been entitled to receive.

The Shavitz Law Group, P.A. represents employees in a variety of benefit disputes. If you have a concern about the denial of any of your employment benefits, CONTACT US today for a free consultation.