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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

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