The Employee Retirement Income Security Act of 1974 protects your retirement plan from abuse, fraud and mismanagement. Under ERISA, the people who manage your retirement plan have certain duties, including fiduciary responsibility. If you have a retirement account,...
The statute of limitations for ERISA violations
ERISA violations affect retirees’ ability to maintain a good quality of life after their work life concludes. Like many legal issues, however, there is a statute of limitations. According to the American Bar Association, ERISA violations have a statute of limitations...
What are common ERISA violations?
American workers have benefits protection under the Employee Retirement Income Security Act (ERISA). According to the U.S. Department of Labor, ERISA demands that employers remain transparent with their benefits packages, own fiduciary responsibility over the assets...
Does my severance package qualify for ERISA protection?
Receiving a severance package should give you peace of mind that you will receive pay and benefits if you have to leave your job unexpectedly. However, some employers do not follow through with their promises. You might wonder if your severance package qualifies for...
Should I join an ERISA class-action lawsuit?
The Employee Retirement Income Security Act provides protections for people enrolled in voluntary health and retirement plans. When these plans are not administered properly, lawsuits may ensue. ERISA lawsuits are not always class actions, but because mismanaged plans...
How may I know if my employer deviated from ERISA standards?
Benefits offered by employers must meet standards set by the Employee Retirement Income Security Act of 1974. As noted by the U.S. Department of Labor, ERISA requires administrators to send employees written information about company plans. If you believe that your...
What are your options when employee benefits are denied?
After a severe injury or illness, the long-term disability (LTD) benefits your employer provides you with can be the essential benefit you need to get by. While the benefit may be specifically for this kind of situation, earning the benefit may not be as easy as you...
Steps to appeal a denied ERISA claim in Delaware
The Employee Retirement Income Security Act of 1974 is designed to protect retirees who are entitled to collect employee benefits. However, the insurer has the right to deny any claim if the applicant cannot show proof of a qualifying medical condition or if the claim...
The who, what, and how of ERISA
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law. Lawmakers passed this law to provide oversite and protection of retirement and health plans for workers in the private sector. Who. According to the United States Department of Labor’s...
FMLA restrictions: Why some employees are struggling
Over the past few years, the Family Medical Leave Act hasn't been able to help as many working families in Delaware as it was designed. FMLA was created to give employees access to job-protected and unpaid leave should a serious family problem or illness occur....
