Discrimination on the job can take many forms. While being denied promotions or the proper pay based on age, gender, or ethnicity is generally the first thing that comes to mind, there is another, more subtle form of discrimination employers often engage in. This involves withholding or interfering with employees’ rights to benefits, such as pensions and health benefits.
At Kantor & Kantor LLP, we represent employees who are involved in benefit disputes and those who have been wrongfully denied benefits they worked hard for over their careers. Our experienced California benefit claims attorneys have the legal knowledge and skill you need in these types of matters, and can advise you on the best course of action, so that you can get the benefits you are entitled to.
Benefit Discrimination and Interference
Under federal equal employment opportunity (EEO) laws, employers are prohibited from discriminating against and harassing workers or interfering with employee benefit plans they are entitled to. This type of behavior takes many forms, and may include the following:
- Changing your hours or employment status to avoid paying benefits;
- Giving negative performance reviews to justify cause for dismissal before an employee’s pension benefits are vested;
- Making accusations of poor workplace behavior to avoid paying severance benefits;
- Terminating employees with health conditions to avoid paying higher medical insurance premiums or disability benefits.
Protection Against Discrimination Under ERISA
Fortunately, in situations where employees have unjustly been denied benefits or have had their benefits reduced by their employers, there are federal laws in place to protect your rights. Under the Employee Retirement Income Security Act of 1974 (ERISA), you have the right to file a grievance and appeal any decision made by your employers or your benefit plan administrator that interferes with your benefits. If it is discovered that your employer acted improperly in dismissing you without cause, changing your employment status, or taking any other action that interfered with your right to benefits, you may be able to file a civil suit seeking reinstatement of your position and full compensation for any benefits of which you were deprived.
Let Us Assist You Today
If you suspect your employer has discriminated against you in order to avoid paying benefits or have had your benefit amounts unjustly reduced, contact Kantor & Kantor LLP today. Our experienced benefit claims attorneys have the legal training you need to defend your rights and interests, and can assist you in getting the benefits and compensation you are entitled to. Call or contact our office online today to discuss the details of your case.