As an employee, your employer may offer you a number of benefits. These can includes pensions, retirement plans, severance plans, insurance, and other benefits. For the most part, all of the plans are covered by a law called the Employee Retirement Income Security Act of 1974 (ERISA).

An Employer Cannot Discriminate Against You to Deny You Your Benefits

In this era of underfunded and underperforming benefit plans, some employers are trying to get rid of older workers or workers with expensive medical conditions. It is illegal to discriminate against an employee to deprive him or her of benefits. Furthermore, an employer cannot retaliate against an employee who opposes discrimination on the basis of benefits. Benefits could include not only pension plans, but any other benefit offered by the employer.

Classic discrimination could include employment action against an employee because he or she is more costly under a plan. Similarly, an employer who terminates an employee just before he or she vests for stock options, retirement benefits, or other benefits may have committed discrimination.

ERISA Duties

ERISA imposes a number of obligations on employers:

• Employers must provide employees with plan information including features of the plan and how it is funded
• The employer must act with the highest duty of loyalty in managing and controlling plan assets
• The employer must establish a grievance and appeals process for participants who are denied benefits, and
• Employees must be allowed to sue for breaches of fiduciary duty.

CONTACT US

If you feel your employer has discriminated against you to avoid paying benefits, or if you feel that you have been wrongfully denied benefits, please contact us immediately.