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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37841
Experience:  Retired (mostly)
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Hi, I have a question on employers legal obligation in disclosure

Customer Question

I have a question on employer's legal obligation in disclosure of terms of conditions of the employee benifits they offer in general, & health care Flexible spending in general.
In my case, my previous employer didn't disclose the terms & condition of "Summary Plan Description" of my section 125 FSA health benefits. As a result of that I have lost money in FSA health benefits account. What are my legal options at this point ?.

If you give me your contact ph#, I can call you to discuss the further details of this situation.

Madhu B
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

The failure to properly disclose benefits of an ERISA-qualified plan in the summary plan discription violates ERISA Section 409, and entitles an injured participant to damages.

Your recourse is to contact the U.S. Department of Labor/EBSA (1.866.444.EBSA (3272)) or hire a private attorney and sue.

Hope this helps.

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