If you’re considering an ERISA claim, you need to know exactly how the process works, and that starts with an understanding of the specific eligibility requirements. These are sometimes connected to details about your employment that are fairly easy to back up with simple documentation.
- Your plan could say that there are age limits tied to the benefits and so you need to ensure that you are of the proper age for that plan.
- Your plan could note that you have to put in a specific number of years of work before you can qualify, so having just arrived at the company could present some issues.
Now, these things may be in dispute in some cases, but it’s unlikely. If you get paid through direct deposit, for instance, your bank records should show when you got that first payment, establishing when you started working. Of course, even something like this could lead to issues with incomplete records or if you got paid in cash before getting paid through direct deposit, so there’s no guarantee that it’s all that clear-cut, but you can look for proper documentation if there are any problems.
What if things do not go smoothly with your ERISA claim?
In an ideal world, your benefits will be protected but everything will go smoothly and you won’t have to worry about getting what you deserve. Unfortunately, any time money is involved, there’s no guarantee that things will go this smoothly. If they get complicated and you run into some unforeseen issues, be sure you know what legal options you have to get to all sorted out.