Messing With Your Benefits
As an employee, your employer may offer you a number of benefits. These can includes pensions, retirement plans, severance plans, insurance, and other benefits. Most of these plans are covered by a law called the Employee Retirement Income Security Act of 1974 (ERISA). Our Texas employment lawyers are represent employees who have been denied benefits because of unlawful discrimination.
An Employer Cannot Discriminated Against You to Deny Your Benefits
In this era of underfunded and under-performing 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 also other benefits offered by the employer.
Classic discrimination might 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.
Our Texas Employment Attorneys Fight For ERISA Rights
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 Our Texas Employment Lawyers
Our Texas employment lawyers have experience fighting for employee rights. 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.