Employers generally may not interfere with your rights to obtain and use employment health, pension or other welfare benefit plans provided through your employment. Health plans and pension plans are very valuable in employment, obviously. If an employer interferes with your ability to obtain coverage under a health plan or a pension plan, say by terminating your employment to prevent you from obtaining the health plan or pension plan, and the employer was motivated in its termination of your employment to prevent you from obtaining the health plan benefits or pension plan benefits, then the employer may have violated Section 510 of the Employee Retirement Income Security Act, otherwise known as ERISA.
We regularly review and represent people with issues related to their rights to employment benefits such as health plan benefits/health insurance benefits and pension plan benefits. Where employers have violated ERISA by interfering with an employee’s rights to obtain health plan benefits or pension plan benefits, we pursue equitable remedies like reinstatement to the job and damages, where available, for our clients for the employer’s wrongful interference with these important rights.
Whether your rights were violated is a fact intensive inquiry. We review potential claims on an individual consultation basis, where we discuss what occurred, the law and whether we are interested in representing you in pursuing a violation. To find out more, contact us.