A common question from employees who are discussing ERISA and their benefits is, “Do ERISA benefits cover my part time work?” The short answer to this is “No.” What ERISA benefits are not covered by ERISA are programs that are specifically paid for out to an individual employee. They are typically paid as part of normal weekly payroll practice.Visit Newport Beach ERISA Benefits Attorney for more details.
If you have questions about your company’s benefits and want to know if they are covered under ERISA or not, a good way to start the process is by asking your human resources department what types of benefits are offered, how they are issued, how the funds are disbursed and if any employee benefits attorney is on your payroll. It is important to ask this question early on so you do not have to fight a lengthy court battle with a benefits attorney who ends up arguing against you in court. If you feel your company is eligible for benefits and you get denied, do not give up. Go back to your human resources department and ask to be put on the panel of a benefits attorney. Most human resource departments are willing to work with you to help you through the process of appealing your denial.
If you were issued a proposed plan but were told it was denied because you did not meet the requirements, it is possible that the reason you were not accepted is that the plan sponsor did not meet the requirements. The plan sponsor is the individual or entity that manages the plan. They may have requirements that you do not meet or they may have made mistakes when reviewing your application. In either case, your rights as an employee are being violated. You can take your case to the Employment Tribunal, which is an independent administrative court which is ruled on by an employment tribunal. There are two different Employment Tribunals, the Central Employment Tribunal and the National Employment Tribunal.
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20321 SW Birch St #200, Newport Beach, California 92660