The Employee Retirement Income Security Act of 1974, commonly known as ERISA, provides specific standards for employer-sponsored benefit plans. These standards include specific rights to employees, so it’s crucial that employees understand how ERISA works, their rights under the ACT, and how employers could potentially violate their ERISA rights.
At Olivier Schreiber & Chao LLP, our skilled San Francisco ERISA attorneys have extensive experience representing ERISA beneficiaries and participants who’ve had their benefits inaccurately calculated or denied or had some other ERISA benefits-related issues with their employers or insurers, such as unlawful investments linked to their retirement accounts or hidden and excessive fees.
ERISA implements standards for particular retirement plans sponsored by employers and regulations for fiduciaries. The act makes it illegal for fiduciaries to misuse funds and likewise sets standards for funding, vesting, participation, and benefit accrual of the retirement plans.
These ERISA standards and regulations also extend to non-retirement plans, such as health insurance and life insurance, among others. ERISA also grants participants of retirement plans the right to sue their employers for violations of fiduciary duty and benefits.
Employers have the following primary duties:
Breaching any of these duties qualifies as an ERISA violation.
Employers could violate the act by failing to follow ERISA rules or the terms and conditions of the individual benefit plans. The following are common ways employers could commit an ERISA violation:
Employers who fail to follow ERISA regulations and standards could be held legally liable for restoring losses related to the benefits plan. Employees have the right to bring a civil claim against their employers to enforce their rights under the benefits plan and recover proper benefits. But before you can sue your employer, you must first file an administrative appeal, which involves a thorough understanding of ERISA law and dealing directly with your employer’s insurance provider.
If you believe that your employer has committed an ERISA violation or denied your benefits unfairly, seek legal advice from an attorney as soon as possible because, depending on the grounds of your claim, you may only have a limited time to bring your claim or file your appeal.
The San Francisco ERISA attorneys of Olivier Schreiber & Chao LLP have the necessary knowledge, skill, and experience representing employees who have been wronged by their employers. Our attorneys can determine the validity of your ERISA claim and figure out the next best steps to ensure the best possible outcome for your case. Schedule a free consultation with one of our San Francisco ERISA attorneys by sending us a message online today.
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