Retirement & ERISA Benefits

Though companies are not required to provide retirement benefits such as, an IRA, 401(k), pension, or welfare plan. However, if the company provides a plan that the Employment Retirement Income Security Act (ERISA) covers, an employer may not discriminate or retaliate against an employee on account of these benefits.

Retaliation Because of Benefits

An employer may not retaliate against an employee for exercising any rights that exist under an ERISA plan pursuant to 29 U.S.C. § 1140. Importantly, this includes using company healthcare benefits.

Examples of prohibited retaliation include:

• Termination / discharge;
• Suspension; and
• Discrimination.

Interference with Rights to Benefits

ERISA further prohibits the employer from taking negative employment actions against an employee to interfere with the employee's exercise of rights.

Example: an employer may not discipline an employee for challenging a benefits denial under the plan's claims procedures.

Fired to Prevent Pension Vesting or Other Retirement Benefits

Perhaps the most grievous conduct an employer can engage in is terminating an employee in order to prevent their pension from vesting. Such an action is prohibited by ERISA. Additionally, this may also give rise to an Age Discrimination Claim under the Age Discrimination in Employment Act. Read about age discrimination here.

Contact me, a Texas Employment Lawyer

If you think your employer has subjected you to ERISA retaliation or discrimination or otherwise has interfered with your workplace benefits, contact me, an employment lawyer to schedule a consultation to discuss your matter.