Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

WIDOWED. WE MARRIED AFTER HE RETIRED BUT HE RETIRED EARLY…

Customer Question
I AM RECENTLY WIDOWED...

I AM RECENTLY WIDOWED. WE MARRIED AFTER HE RETIRED BUT HE RETIRED EARLY DUE TO DISABILITY. HE HAD PAID INTO THE PENSION FUND FOR HIS WIFE TO GET HALF OF HIS PENSION IF HE PASSED AWAY. WHEN HE DIVORCED HIS WIFE HE RETAINED ALL RIGHTS TO HIS PENSION FUND. WHEN WE MARRIED HE ASSIGNED ME AS HIS BENEFICIARY. NOW THE COMPANY IS SAYING I AM NOT ELIGIBLE TO RECEIVE HALF HIS PENSION BECAUSE WE WERE NOT MARRIED A YEAR PRIOR TO HIS RETIREMENT. HE WAS HIRED IN 1965-66 WORKED 32 YEARS FOR THE SAME COMPANY, PAYING IN A CONSIDERABLE AMOUNT. HE RETIRED ON DECEMBER 31, 1998, HE WAS 58 YEARS OLD. WHEN MEDICARE CAME IN PEOPLE HIRED BEFORE A CERTAIN DATE WERE EXEMPT FROM PAYING MEDICARE. WHAT ABOUT ERISA, WAS THERE A GRANDFATHERING OF CERTAIN EMPLOYEES.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

NO JUST A WOMAN ON THE PHONE WHO SAID I WAS NOT ELIGIBLE BECAUSE OF ERISA, NEVER RECEIVED ANYTHING IN WRITING THAT SAID THAT, I DID SUBMIT TO THEM THE PAPER I HAD DESIGNATING ME AS 100% BENEFICIARY WHICH THEY PROVIDED TO ME BACK IN JUNE OF 2001.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

HE DID BELONG TO A UNION

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

HE HAD WORKED FOR 32 YEARS SO HE WAS ELIGIBLE TO RETIRE FROM THE COMPANY WITHOUT CITING DISABILITY BUT HE ALSO RECEIVED SS DISABILITY RIGHT AWAY.

Submitted: 5 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
11/9/2017
Employment Lawyer: Infolawyer, Lawyer replied 5 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 60,966
Experience: Licensed attorney helping employers and employees.
Verified
what can I answer for you?
Ask Your Own Employment Law Question
Customer reply replied 5 months ago
The company has said that I am not eligible to receive the benefits that he paid into because of the Erisa law. So why did they not say this 16 years ago when he submitted our marriage license, his divorce decree and they sent the form designating me as beneficiary. Do I have any recourse?
Employment Lawyer: Infolawyer, Lawyer replied 5 months ago
On review of your facts, you have a good case. Have a lawyer send a demand letter. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 5 months ago
Awaiting your reply, thank you!
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

60,966 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a client in a 401k plan to which she contributes
I have a client in a 401k plan to which she contributes money by payroll deduction. Isn't she by law supposed to be able to choose where those dollars are invested, especially HER dollars. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I am familiar with Defined Benefit Pension Plans being
I am familiar with Defined Benefit Pension Plans being Federally protected under ERISA. My husband is planning to retire at the end of this year and is questioning whether to take the lump sum payment… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I am planning to retire in April. I have not put in notice
I am planning to retire in April. I have not put in notice yet, but it is not a secret. Now my boss asked me to put on my notice on March 1. I don't trust her not to ask me to leave on that day rather… read more
Infolawyer
Infolawyer
Lawyer
60,966 satisfied customers
I am an X-ray tech in Eau Claire wi. I work for mayo health
I am an X-ray tech in Eau Claire wi. I work for mayo health systems ( always had. Good reviews. Worked for 41 yrs. and counting). Started at Midelfort Clinic .they merged with the hospital which becam… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
My attorney filed an appeal against Aetna for an ERISA
Hi-My attorney filed an appeal against Aetna for an ERISA violation-my employer called Aetna and told them to cancel my short-term disability claim/they did after paying me for 2 months/ and changed i… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have been employed for 2 3/4 years by a company that I
I have been employed for 2 3/4 years by a company that I have a 401k with. They match part of my contributions. The company was just bought out and I am told that because I was not fully vested (3 yea… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I increased my 401L and IRA but my employer never increased
I increased my 401L and IRA but my employer never increased it or corrected it. … read more
amir atashi rang
amir atashi rang
Principal
LL.M. (Taxation)
4 satisfied customers
In texas can a civil defamation lawsuit judgement garnish
in texas can a civil defamation lawsuit judgement garnish your social security or a erisa pension … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,928 satisfied customers
I'm trying to find an erisa policy lawyer to see if pursuing
I'm trying to find an erisa policy lawyer to see if pursuing Employer long term disability /unum supplement can still be made available through an attorney/lawyer that can step into federal courtroom … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm trying to find an erisa policy lawyer to see if pursuing
Second opinion] I'm trying to find an erisa policy lawyer to see if pursuing Employer long term disability /unum supplement can still be made available through an attorney/lawyer that can step into fe… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I am employed as a Truck Driver with a major company in the
I am employed as a Truck Driver with a major company in the contiguous 48 states. I recently discovered that my insurance was cancelled July 29(2017) due to non-payment of premiums without my knowledg… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
Myself and 200 plus people worked in a county run hospital
Myself and 200 plus people worked in a county run hospital in Fl. for over 18 to 30 years. The county hospital is slowly selling the hospital over a 7 year period to the 7 day Adventist. The 7 day Adv… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I have three related corporations that that are owned by 5
I have three related corporations that that are owned by 5 members of the same family (two parents, 3 siblings). Each family member owns a different percentage of company A, B and C. For example, moth… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have retired from my company but i wanted to stay in the
i have retired from my company but i wanted to stay in the esop plan. the company changed their plan to kick me out. I have recvd the money but does the change they made have to be approved by erisa. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an employer change employee health insurance plan before
Can an employer change employee health insurance plan before the policy's anniversary date? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a vested employee take his/her private pension if he/she
Can a vested employee take his/her private pension if he/she is terminated? This is an employer only funded pension, different than the his/her 401k. TexasUSA… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
I am in California I am 100% vested in a 5500 Form ERISA
I am in California I am 100% vested in a 5500 Form ERISA Profit Sharing Plan.I was terminated in July of 2016 .I have requested for my funds at least 3 times all I get is that I am working on it.It wa… read more
socrateaser
socrateaser
1,031 satisfied customers
I will hire an ERISA lawyer in Wisconsin for helping me with
I will hire an ERISA lawyer in Wisconsin for helping me with a medical disability appeal decision. What are the questions I should ask a potential lawyer to ensure that I receive adequate representati… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x