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Disclaimer
If you submit your case online, we will review your
submission to evaluate whether representation could be appropriate for
the firm. If we believe representation may be appropriate, we will
contact you to obtain additional information. Submitting your
information online does not create an attorney-client relationship.
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MESSING WITH YOUR BENEFITS
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.
An Employer Cannot Discrimination 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.
ERISA Basics
ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.
There have been a number of amendments to ERISA, expanding the protections available to health benefit plan participants and beneficiaries. One important amendment, the Consolidated Omnibus Budget Reconciliation Act (COBRA), provides some workers and their families with the right to continue their health coverage for a limited time after certain events, such as the loss of a job. Another amendment to ERISA is the Health Insurance Portability and Accountability Act (HIPAA) which provides important new protections for working Americans and their families who have preexisting medical conditions or might otherwise suffer discrimination in health coverage based on factors that relate to an individual's health. Other important amendments include the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, and the Women's Health and Cancer Rights Act.
Robert J. Wiley is the attorney responsible for this website.
Robert J. Wiley is licensed to practice law in California, Texas, and Washington, D.C. is a TBLS Board Certified Specialist in Labor and Employment Law.
The firm is headquartered in Dallas, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail.