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Recent ERISA questions

I have a friend who was told she didn't resign up for her

I have a friend who was told she didn't resign up for her company's medical coverage during open enrollment. This makes no sense since she's pregnant and it's the only insurance he and her son have. The company is saying there is nothing they can do. I believe it was a computer glitch. Their programs have them often. Does she have any legal recourse?

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Dwayne B.

Juris Doctor

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Have you ever heard of a Modify 75 Rule for companies

Have you ever heard of a Modify 75 Rule for companies denying benefits when being laid off?

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Marsha411JD

Doctoral Degree

19,404 satisfied customers
My dad has Stage IV cancer and I'm trying to help him

Hello. My dad has Stage IV cancer and I'm trying to help him determine if he has a legal standing to get a payout on his retirement pension from his employer.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MissouriJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time, at-will. Worked for over 20 years at the Kawasaki manufacturing plant in Maryville, MO.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't believe so, thanks.

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Marsha411JD

Doctoral Degree

19,404 satisfied customers
I am trying to collect a pension from a former employer whom

I am trying to collect a pension from a former employer whom I left in 1991. I have a letter from their Manager of Pension & Savings that indicates what my accrued benefit would be at age 65, however the same letter also indicates that this accrued benefit would be "considered" for immediate lump sum distribution. I have no record of this distribution. I do have complete records of the 401K distribution, and contacted Fidelity for my IRA records for 1991 & 1992 and there is no lump sum distribution. The company is asking me to prove that I did not receive the money. I have contacted the IRS, and my former tax accountant for 1991 & 1992 tax forms to no avail. They should have a record of the 1099R that I would have received if this distribution was made. How do I proceed?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,954 satisfied customers
Benefits - Went part time to attend graduate school in 2/16.

Benefits - Went part time to attend graduate school in 2/16. Employer continued to make deductions fro my paycheck to pay for supplemental insurance beyond standard health coverage, electives I had selected prior to going part time. In early 11/16 I received an email from the HR department that I was enrolled in these extra riders, but was ineligible, however they stated that they would keep me on them until 1/17. Later in 11/16 I suffered a heart attack while traveling for work and have been off work since that time. I blame the attack on the high stress and toxic environment that is work. I also am getting the run around about what insurance covers me, so not sure what to do next?? HR gives me a different answer each time (including the overall director).JA: Not for this question, but they might if you need additional services. You'll have to ask the Lawyer about that. Because employment law varies from place to place, can you tell me what state this is in?Customer: MIJA: Has anything been filed or reported?Customer: Nope. No short term (they have said that I am both eligible and ineligible), nothing for FMLA and no long term. Workers comp is being held off on until I see what the cardiologist says contributed the most to the heart attack.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't believe so.

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John

Attorney

Doctoral Degree

8,098 satisfied customers
I was just notified by a former employer that I have overdue

I was just notified by a former employer that I have overdue pension benefits due to me. I am 73 years old, they claim they could not locate me ) buy I haven't moved in 18 years ) They say they must pay me $ 18,000 between now and year end. I am in a tax situation, in retirement, where this would result in a tax bill $ 4200 higher this year than if they delay payment until January 2017. I would draw less from other taxable sources next year in order to accomplish this. They say that now they have found me the Erisa law requires the payout to be this year. I think there is no such requirement and they are just trying to clean up corporate books. Do they have the option, under law to pay me next year?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: South Carolina but the company is based in New JerseyJA: Is the employment agreement "at will," union, full time or part time?Customer: Left this company as a full time employee in 1980 and was employed in Rhode Island, They are not claiming a state issue. They are telling me Federal Law says they must pay me this year.JA: Anything else you want the lawyer to know before I connect you?Customer: That is it

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Infolawyer

Attorney

Juris Doctor.

39,218 satisfied customers
Actually I'm trying to find out if there is a specific type

Actually I'm trying to find out if there is a specific type of Lawyer that deals with a disabled individual attempting to get the last of her pension to herself to deal with her medical issues and the Company telling her that they can not close out her pension with no explanation as to why. A total of a little over $3,000.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: FloridaJA: Is the employment agreement "at will," union, full time or part time?Customer: This individual has not worked with this company for years but when she did, it was at will and full timeJA: Anything else you want the lawyer to know before I connect you?Customer: If I can find out what type of lawyer, I can attempt to find someone to work with her pro bono since that is the last income she has and she is paralyzed from MS

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Asad Rahman

Attorney

J.D.

4,178 satisfied customers
I'm 37 and worked at Plunkett pest control for I years. I'm

I'm 37 and worked at Plunkett pest control for I years. I'm 100% vested in my 401, it has been 2 years now since I was let go. They are still refusing to let me take or rollover my money to my new job. Can they do this to me? Someone please help me!!

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,954 satisfied customers
After 3.5 yrs I was told Monday my SVP of Marketing role as

After 3.5 yrs I was told Monday my SVP of Marketing role as been eliminated. I am being offered to remain on payroll through 11/11 and being given a lump some of 120k which is about 7 mos salary. I have LTI mix of options and cash worth about $200k that is now unavailable (not vested) and no eligible for executive bonus which would pay out in Feb totaling about $65K.JA: When we are ready I'll take you to the appropriate web page.Customer: my question is do I have any case to go after those $$, I'm in Mn and we are an at will employerJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MNJA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: I'm 50

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
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