If you believe your employer or its insurance provider has violated ERISA, you have many different legal rights under the law. The Employee Retirement Income Security Act (ERISA) is a complex federal law that regulates and enforces guidelines for employer-provided benefits including the following:
The are many advantages when an employer decides to offer such benefit plans. However, when an employer or an insurance company fails to properly provide benefits or administer a plan fairly to employees, the employees can suffer unnecessary losses. Fortunately, the law provides such employees the right to take legal action to enforce the law.
The following are only some of the most common violations of ERISA that may cause harm to an employee:
If any of the above violations occur, it cause employees harm and § 502 of ERISA gives employees the right to file a legal claim against the employer. In addition, the Department of Labor’s Employee Benefits Security Administration (EBSA) may also take action. If you believe you may have a claim, you should discuss your options with a highly experienced ERISA lawyer as soon as possible.
Depending on the specific details of the situation–including the gravity of the ERISA violations–your employer may have several different civil penalties imposed by either the courts or the ESBA. The penalties can include:
If your employer acted particularly egregiously in the violation, they may face criminal charges that may result in up to 10 years behind bars and a $100,000 fine. The company itself can face up to $500,000 in criminal fines for severe and willful violations.
If you believe that your employer or disability insurance provider has violated ERISA in any way, you may have rights to recovery under the law. By bringing a claim, you can enforce ERISA and your employer and/or insurer may face serious penalties until they comply with the law and provide the benefits you fully deserve. At the Michael Bartolic, LLC, our Chicago ERISA lawyer routinely represents individuals in claims under § 502 of ERISA and we understand how to best protect your rights. Call us today for a free consultation at 312-635-1600.