Though they certainly play an important role in the lives of countless individuals, not everyone fully understands what a best ERISA attorney San Francisco based does on behalf of clients. Fortunately, by reviewing the information that follows, it is possible to see precisely why these professionals are so well-respected in their field.
According to the provisions of the federal Employee Retirement Income Security Act, many Americans who have been promised a pension and related benefits by an employer must receive certain protections so that their financial interests are not wrongly harmed. As such, legal remedies are provided for those who have suffered losses due to mismanagement of funds, breaches of fiduciary duties by plan administrators and the like.
Employees who are subject to a benefits plan provided by a private employer have a right to sue when their entitlements have been impeded or limited in some illegal manner. There are some key questions an ERISA attorney will ask a prospective client to determine whether they have a valid complaint.
First of all, for ERISA protections to attack, the employee in question must work for a private employer, and not a governmental entity, church organization or other exempt enterprise.
Second, the benefits plan in question must have been voluntarily established by the employer and not the result of a statutorily imposed requirement to do so. There will also be questions regarding the acts or omissions on the part of plan managers that allegedly led to the significantly losses sustained, which must also exist for a colorable claim to exist.
Failures on the part of plan administrators to provide documentation and other transparency tools related to benefits plans can also provide a basis for a legal claim, as can adverse employment decisions designed to prevent access to rightfully vested benefits.
While the above situations are some of the more typical scenarios in which the help of an ERISA attorney can prove crucial, the list is certainly not exhaustive. Whenever pension or other retirement benefits have been denied under seemingly wrongful or non-existent justification, a seasoned practitioner can help.
By aligning with an attorney possessing significant background in this very specific area of the law, clients can rest assured that their claims will be fully investigated and a positive outcome will be aggressively sought. When retirement benefits are at stake and financial survival is in doubt, this can prove truly priceless.