The Employee Retirement Income Security Act is a federal statutes designed to protect the interests of workers with regard to benefits promised by their employers. When an individual who is entitled to a certain benefit in this realm feels they have been wronged, deprived of their rights or had their fiduciary interests jeopardized in some way, and ERISA lawyer Santa Clara based is prepared to help.
The overriding purpose of ERISA is to provide a series of safeguards for employees who suffer or fear substantial losses in promised benefits due to the actions of an employer or benefits plan manager. Individuals working for private employers have been afforded the right to sue for lost benefits as well as a breach of fiduciary duty.
ERISA’s provisions apply to almost all kinds of pension plans, defined contribution and benefits plans, including 401k programs. It should be noted, however, that ERISA’s protections do not extend to plans designed only for the purpose of meeting obligations in relation to workers’ compensation, disability or unemployment insurance laws.
Scenarios in which an ERISA lawyer may be necessary include when it is suspected that a plan manager has acted in a manner contrary to the fiduciary interests of those entitled to receive benefits under the plan. Those who have experienced major losses in a pension program or because of stock investments in the company may also require help from a seasoned practitioner.
Further, anyone who has been dismissed from their position of employment as a means to prevent them from receiving benefits already promised under a covered plan or because they have sounded the alarm about possible violations of law may wish to consult with a lawyer.
When it comes to identifying the best ERISA attorney handle a particular matter, it is important to conduct a bit of research. A great place to start is to ask friends, family and colleagues if they have ever sought representation in an ERISA matter, and if so, whether would they recommend their legal representative.
Getting in touch with a local bar association referral program is another great way to find practitioners with substantial experience handling cases in this realm and who have a track record of success on behalf of clients.
Because ERISA law is not necessarily an area familiar to a great deal of folks, experienced assistance from a seasoned attorney is invaluable. By aligning with the right professional, it is possible to aggressively fight for fairness and a positive outcome in any benefits-related case.Read More