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Examples of employer ERISA violations affecting Ohio residents

The Employee Retirement Income Security Act (ERISA) is comprised of federal laws developed to protect the workforce. Those who qualify for ERISA work for private companies that offer employees retirement plans, health insurance and other benefits.

As with other federal benefit programs, ERISA can be complex. This means that it is easy for employers to violate the program. In most cases, the employer does not want to interfere with a worker's benefits, but it can happen all the same. Below you will find several of the most common ways an employer can violate ERISA plans.

  • Wrongfully denying current or former employees access to their benefits
  • Interfering with the rights of workers who are covered by these plans
  • Breach of the employer's fiduciary duty to employees covered by ERISA

To avoid these violations, employers must become familiar with the regulations governing ERISA. It is also wise for Ohio employees covered by the program to understand the regulations as well. Doing so can help you identify violations and take the proper steps to have the problem remedied. An attorney can help you develop a comprehensive understanding of ERISA and can also assist in your efforts to acquire the benefits you deserve.

In some cases, the employer may be subject to the following civil penalties should ERISA violations occur.

  • Providing employees with improperly denied benefits
  • Providing employees with interest that accrued when benefits were withheld
  • Paying the employee's attorney fees when applicable

Employers may also face criminal penalties in cases involving severe ERISA violations. These penalties typically include fines ranging from $10,000 to $500,000 and may even include jail time. This means that you can rest easy knowing that intentional violations will be acted on in a fair manner.

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Law Offices of Tony C. Merry, LLC
7100 North High Street
Suite 302
Worthington, Ohio 43085-2567

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