Insurance & Construction Law
We work for a large portion of our lives, and there are a lot of facets to employment law because of this. Of them, retirement law tends to be most complicated and disputed. Employers may try to violate acts such as ERISA, but there are federal laws setting minimum standards for health plans and pensions. Lawyers are here to defend the things you’re entitled to, and provide protection for individuals in these plans.Contact Us
Employment Attorneys: Our Approach
When it comes to employment and retirement law, our team of experienced and understanding lawyers can provide everything from a consultation to full representation. The attorneys of Davis Law Group are here to advocate for you, working to receive justice and the money that you worked hard to receive. Retirement can be scary when financial security is on the line, but we’re here to be your biggest advocate inside and outside of the courtroom.
The Employee Retirement Income Security Act (ERISA) is a retirement plan for employees, and it requires participants to be provided with plan information. This information includes all features and funding. In addition, ERISA sets a minimum for participation, vesting, benefit accrual, and funding. The application of fiduciary responsibilities to retirement plans gives participants the right to sue when necessary, including grievance and appeals processes. For defined benefit plans, ERISA guarantees payment of certain benefits through the Pension Benefit Guaranty Corporation (PBGC). The PBGC is a federally chartered corporation, which ensures your benefit payout.
Employee benefits concern the different types of retirement and welfare benefit plans under ERISA. ERISA is regulated by the Employee Benefits Security Admin (EBSA), and is for single-employer, multi-employer, and collectively bargained pension plains. With regard to compensation, attorneys tend to negotiate relevant employment agreements and meet with committees in control of rules and disclosures. When necessary, employee benefit law may involve bargaining with labor unions, trustees, or service providers. Benefit law concerns the planning, drafting, and updating of retirement plan documents. We prosecute and defend a wide spectrum of fiduciary duty claims on behalf of employees’ benefit plans.
Employment Attorney FAQs
How do I know if I have a retirement law or employee benefits case?
If your employer breaks ERISA rules within private, for-profit entities, you may have an employee benefits case. Violations of ERISA include imposing required retirement age (some occupations may be excluded), withholding information, breaching fiduciary duty, deny benefits to current or former employees, or interfering with the rights of employees covered by the plans..
What is the statute of limitation for ERISA?
The statute of limitation for ERISA involves filing within three years of violations and broken fiduciary duty. However, the countdown for this limitation does not begin until the earliest date of which the plaintiff has actual knowledge of a breach..
What information does my attorney need?
You’ll need to provide your attorney with documents detailing your employment, income, and retirement plan. If you’re missing any of these, an attorney will work with you to collect them from your employer. Employers must provide any documentation necessary for conduction of ERISA investigations in order to be compliant with the law..
What damages can I receive in a retirement law and employee benefits case?
You are entitled to proper representation under ERISA as well as fair repayment of retirement benefits. Retirement law and employee benefit cases result in financial compensation, as well as the justice of knowing that employers are being held to federal standards for treating employees fairly..