Employment-sponsored long-term disability plans typically fall within the ambit of ERISA – also known as the Employment Retirement Income Security Act of 1984. This federal statute sets up the minimum standards for pension and benefit plans that employees have the option of paying into. In some instances, however, the administrators for these plans do not do what they are supposed to do, resulting in a breach of their fiduciary duties to the plan participant. When one or more of these duties is breached, then the plan participant might have the option of filing an ERISA lawsuit in federal court.
Houston ERISA litigation lawyer, J. Price McNamara of the Law Offices of J. Price McNamara, can review your circumstances and assist you with pursuing ERISA litigation in the federal court system. Contact us online today to learn more about how we could assist you throughout the litigation process in federal court.
In some instances, employers and plan administrators do not properly monitor benefit plans, and when they fail to do so, the plan participant might be able to file a lawsuit. Breaching a fiduciary duty might include neglecting to manage assets in the plan, or using the benefits in the plan to further the employer’s own ends. An employer could also threaten to terminate a plan participant’s benefits if he or she attempts to exercise rights established by the benefits plan.
At other times, the employer might intentionally misrepresent the types and numbers of benefits for which an employee might be eligible under his or her plan.
In any of these instances, a covered employee could allege a breach of fiduciary duty and could file an ERISA lawsuit in the federal court system. Once a complaint has been filed, it is likely that the court will establish dates by which certain milestones in the case have to be met, including discovery and other deadlines. Missing one or more of these deadlines could have a serious and detrimental impact on your federal case. An experienced ERISA litigation attorney in Houston can ensure that all of these deadlines are satisfied in a timely manner and that your federal case moves forward as efficiently as possible.
Breach of fiduciary duty under a benefits plan could make you eligible to file an ERISA lawsuit in federal court. Attorney J. Price McNamara of the Law Offices of J. Price McNamara can determine your eligibility for filing an ERISA lawsuit and can explain your chances of success in court. He can also assist you with handling every aspect of your federal court case and can represent you in court at any hearing or trial in your case.
To schedule a free legal consultation and case evaluation with an experienced ERISA litigation lawyer in Houston, contact us online today and learn how we could assist you in resolving your legal issues.
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