Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
What type of attorneys did you speak with? What did they tell you?
There is no question that it is going to be at least a little expensive. However, what I'd suggest you do is talk to a lawyer that does ERISA work. You should go to www.lawyers.com and in the Area of Practice box enter ERISA and then your state in the location.
That will give you a list of lawyers and the advantage will be that you can sue in federal court under ERISA which is the federal law that governs this anyway.
If the problem is due to the employer it is an ERISA problem anyway.
You're very welcome. The issue that may arise is that ERISA doesn't cover all state government pension plans the way it does the pension plans for private companies. However, what it keys on is how the plan is funded, from what I understand, and there is also the issue with the disability plan.
ERISA is a very specialized are if the law. I'm not completely familiar with it and neither are most attorneys you will meet simply because they don't deal with it enough. However, an ERISA lawyer can evaluate the pension plan and the disability plan and make sure it is covered. If either of them are covered then you can bring all of the claims, regardless of the cause of action, in the same lawsuit in the same court.
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