How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Employee Benefits Security Administration Related Questions

The Employee Benefits Security Administration (EBSA) is part of the U.S. Department of Labor and is, in its own words, “…committed to educating and assisting the 140 million Americans covered by more than 707,000 private retirement plans, 2.5 million health plans, and similar numbers of other welfare benefit plans holding over $6 trillion in assets; as well as plan sponsors and members of the employee benefits community.”

However, while there may be a framework to safeguard an individual’s interests when it comes to retirement planning, not everyone is aware of what EBSA is, their rights, the law and the EBSA regulations. This often results in questions about EBSA like the ones below, answered by Experts.

EBSA has sent a letter to my company to investigate our retirement plans and check for violations, since we have switched over from being managed by an outside firm and are now self-managed. Is this standard procedure? And would EBSA need to subpoena my records for me to cooperate with them? Also, for former employees the retirement plan has less than $20,000 in the 401(k). Does that have a bearing on anything?

In view of what you have said, it is probable that EBSA is just following rules under ERISA and is either conducting an audit or is acting on a complaint by a beneficiary of the 401(k). You could ask them to give you a subpoena, but your action could end up making you look suspicious for the right or wrong reasons. Therefore, if you have done nothing wrong, it is best to avoid doing that.

EBSA is basically set up to help employers in ensuring that the programs they offer their employees, under ERISA, follow the law. Therefore, EBSA will help point out any deficiencies in your program so that you can fix it and avoid litigation by an employee later on. To understand what investigative and enforcement powers EBSA is vested with, visit http://www.dol.gov/ebsa/oemanual/cha10.html.

My company fired me and never gave me my COBRA benefits. It’s been 18 months and they continue to ignore me. The state says that I have to file a claim in the federal courts. Should I do that or try and hire an attorney?

If an employer does not pay an employee his or her COBRA benefits, the employee can get in touch with the Employee Benefit Security Administration (EBSA), which is part of the U.S. Department of Labor, and file a complaint. The EBSA can also penalize employers for not complying with COBRA requirements. Some of the fines that an employer can get hit with include being asked to pay $110 by the IRS for every day of non-compliance with the law. Or even up to $200 a day if more than one qualified beneficiary was affected, along with an ERISA penalty of $110 for every day of non-compliance.

For more information, you can visit http://www.dol.gov/ebsa/.

I was an employee of Bank One for 15 years and was part of a program called the Bank One Savings and Investment Plan. JPMChase bought Bank One and now says that there are no records of the existence of this plan. I have proof that shows that I contributed to the plan. What can I do now?

To begin with, you should get in touch with the U.S. Department of Labor since it is the governing body that enforces the rules and regulations of Title I of the Employee Retirement Income Security Act (ERISA). The Dept. of Labor’s Employee Benefits Security Administration enforces rules that govern what plan managers have to do, the investment of plan assets, reporting and disclosure of plan information, enforcement of the fiduciary provisions of the law, and workers' benefits rights. You could also call EBSA's toll-free Employee & Employer Hotline at: 1.866.444.EBSA (3272) for more information.

However, in view of what you have said about your case, it is possible that you might have to go to court and sue JPMChase since they would have, in all probability, seen all business and account information when they bought Bank One. Therefore, they would have known about the existence of the plan. You could also contact previous employees you worked with and check on what happened to their accounts.

EBSA is a government body that ensures that employees fully understand and receive the employment benefits due to them. Therefore, it is important for both employers and employees to know how EBSA works. If you are not sure or have questions of your own about EBSA, you could get clarification by asking Experts.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21617
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18628
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent EBSA Questions

  • I was fired last Monday Oct 20. 2014. I have worked for the

    I was fired last Monday Oct 20. 2014. I have worked for the same home health company for 15+ years and have never had any negative marks on my record. When I was fired it came as a total surprise as I had just received an excellent employee review. I was not given any warning and no explanations or the opportunity to answer to their allegations. They immediately ended my insurance coverage which covers my spouse and 9 children without telling me they were ending it. I received my final pay check on friday Oct 24 which covered work I had performed while I was still an employee in good standing, yet they did not deduct my insurance premium, even though that time period I was an employee in good standing. Can they do that? I thought I would have at least until the end of the month.
  • A small business sponsors a fully insured group health plan.

    A small business sponsors a fully insured group health plan. Is the business owner or human resources administrator a fiduciary of that plan? The plan functions they perform include deciding on the plan benefits, processing enrollment forms, collecting payroll contributions from the employees and paying monthly premiums to the insurance company.
    They do not process any claims.
  • How do you request a DOL Advisory Opinion ("TAG Opinion") fo

    How do you request a DOL Advisory Opinion ("TAG Opinion") for MEP?
< Last | Next >
View More Employment Law Questions