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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117365
Experience:  20+ Years of Employment Law Experience
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I am seeking advice on what to do about a situation

Customer Question

Hello I am seeking advice on what to do about a situation regarding my father's pension where he worked at two major companies. They are refusing to help him get the money back that he paid into his accounts and their excused are such as they have a new filing system and cannot find him in their records. How can such big companies like Crystler and John Deere keep his pension money and use such an excuse? I need to find a way to get his money back and if necessary we are willing to go to court over it.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They cannot keep his money and he is entitled to collect on those pensions if he now meets the age requirements to collect. It is a violation of the Employee's Retirement Income Security Act (ERISA) for them to withhold his pension money. So you need to start by writing a letter to the pension administrator of each company, with copies of your proof of his employment at each company, and tell them that under ERISA he is entitled to his pension and their refusal to provide it is a breach of contract and violation of ERISA and you will pursue legal actions against them for damages including attorney's fees as provided for under ERISA.

If they will not award the pension, then your next step I am afraid is you need a local ERISA attorney to sue the company pension plans for violation of the pension laws and contract and seek your damages through the court.