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Oracle Tips by Burleson |
Employee
Retirement Income Security Act of 1974 (ERISA)
The ERISA
defines standards related to most
voluntarily established pension and health plans by private companies.
These standards provide the basis by which protections are provided to
participants in these plans, as well as beneficiaries. Most notably,
it protects employees from being discharged to prevent them from
vesting or qualifying for benefits under qualified pension plans.
The Employee Benefits Security Administration(EBSA) administers and enforces the fiduciary, reporting, and
disclosure provisions of Title I of the ERISA. Fiduciary
violations include taking an adverse action against a plan participant
for exercising rights under the plan. Such actions against the
participant include firing, assessing fines, or any other
discriminatory act.
FAST FACT
Of the 4,246 cases
opened with the Employee Benefits Security Administration in 2003
for civil investigations of ERISA violations, 2, 939 cases were
closed with certified violations.
- U.S. Department of
Labor
Plan participants who believe they have been
denied benefits from an employee plan may make a claim with the
employer. If this claim is denied, an IT employee who is denied a
benefit by being fired, for example, may then contact an EBSAoffice. The
EBSA will then make the determination as to whether their intervention
is justified. Intervention for individual cases does not normally
include legal actions, which are mostly reserved for more widespread
violations that affect many participants.
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
