Most employee benefit plans are governed by The Employee Retirement Income Security Act, known as ERISA. After establishing an employee benefit plan covered by ERISA, the employer or plan administrator must provide adequate plan information to employees and must exercise fiduciary care in administering the plan.

Fiduciary care requires both prudent management of plan assets and that the plan administrator acts solely for the benefit of the plan's participants. An employer or plan administrator who breaches the trust of its employees or who engages in self-interest ahead of the interest of its workers, may be liable under ERISA for breach of fiduciary duty. When employers or plan administrators fail to meet their ERISA fiduciary duties, employees can seek to hold their employers accountable for plan losses caused by the employers' breach.

Additionally, an ERISA plan is obligated to provide all benefits to which the participants are entitled under the terms of the governing plan documents. ERISA further prohibits employers from terminating employees for the purpose of interfering with their receiving benefits under ERISA-protected plans.

Employer or administrator actions that violate ERISA and affect large groups of employees are particularly well suited to class actions. If you believe you have a potential ERISA claim because of the actions of your employer or plan administrator, please contact us.