Category: Pension & Retirement
A Cinderella Story: Stepmother Breaks Employment Law to Shut Out Her Stepdaughter

The facts of a recent case read like Cinderella. Batal-Sholler v. Batal, 2:21-cv-00376-NT (D. Me. Aug. 15, 2022). But the lessons in employment law still resonate. Facts of the Case: Ed started an insurance agency in the 1960s. In 1983,
Can companies take away life insurance benefits from retirees?

Employees who were promised life insurance or health insurance upon retirement, only to find out that such benefits are being cut off, may feel like they have either had the “wool pulled over their eyes” or “the rug pulled out
Can a company fire you before retirement?
What better way for companies to entice people to long-term employment than by offering stellar retirement benefits? After all, “a stitch in time saves nine.” In other words, if you sort out a problem immediately it may save a lot
Can Pension Be Taken Away?

Depending on the claim, your ERISA pension could be taken away by companies that will then deprive you of a full and fair review in court. And, unfortunately, some courts go along with them. This was illustrated in a pending
Uniformed Services Former Spouses’ Protection Act & The Illusion of Protection

In the area of benefits, Congress has occasionally demonstrated the ability to enact a law that exists as an illusion of protection, one of which is the Uniformed Services Former Spouses’ Protection Act (FSPA), 10 U.S.C. § 1408. This act
What do a CBA, the LMRA, and ERISA all have in common?

This alphabet soup sounds like a joke whose punchline only a labor relations lawyer would appreciate. But even they may not find it funny. Collective Bargaining Agreement (CBA) In, Johnson Controls Security Solutions, LLC v. International Brotherhood of Electrical Workers,
Do You Have to Exhaust a Claim Remedy for An ERISA Section 510 Claim-Interference?

Roy Robinson was a long-time worker for AT&T. The company began to downsize its workforce in 2020. As an inducement for volunteers, it created a “surplus” program. If one had 23 years or more of service, he would be eligible
ESOP’s Fable: The Tale of Two Hats

What does your client do when the company officers have been telling them for years that their company was doing great and that they should keep investing in the ESOP, only to see their company file bankruptcy and their stocks
Spoc and ERISA Law: Plead Well, Live Long & Prosper

If Star Trek’s Spoc was ever a lawyer he would say something like “Plead Well, Live Long, and Prosper.” If you have handled cases in federal court for a while, you know that simply notice pleading may not be enough
My Retirement Account Tanked… What Can I Do?

This is something that many will ask given the hit that the market has taken as a result of COVID-19. But it goes beyond that. It is of critical importance to employees who are approaching retirement age and affects people