Pension + Retirement Benefits (ERISA)

They are just as important as hourly pay or overtime, and safeguarding these promised benefits can ensure a dignified retirement or peace of mind during a health crisis. Fair Work lawyers advocate for workers, retirees, and their families to enforce their rights under the Employee Retirement Income Security Act of 1974 (ERISA) and related laws.

This area of the law is complicated. ERISA and other laws impose a number of safeguards and requirements, covering a broad range of plans. You may not even know you’re protected and might have a hard time finding information on your rights. That’s why it’s so important to consult an experienced ERISA lawyer.

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In general, if you are a member of a plan under which you’re promised benefits—such as retirement payments, health insurance, disability coverage, severance pay—offered through a current or former employer, you may be protected by ERISA.

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Check out our Insights on the types of plans we’ve been involved in litigating.

Simply put, ERISA imposes fiduciary duties—among the highest known to the law—on people responsible for watching over your retirement funds. They must act prudently and loyally. They may be liable if they mismanage your plan’s investments, limit the options in your 401(k) or 403(b) plan to funds that are too expensive or perform badly, or mislead you about your benefits, among other things. Our Insights page has information on your rights under ERISA. But if your plan’s fiduciaries fail to live up to these duties, you could not know your rights have been violated until years or even decades later, when you find you can’t afford the secure retirement you dreamed of.

That’s why it’s important to consult experienced ERISA lawyers if you have questions.

And if your case proceeds to litigation, it’s critical to trust your case is in the right hands. If you do have questions or concerns about your retirement or other benefits, contact us. We have years of experience litigating ERISA cases.

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