Guest JD698 Posted September 18, 2003 Posted September 18, 2003 I know that ERISA does not provide a statue of limitations for suing to recover delinquent employer contributions. Does a state's contract SOL apply automatically? Does a federal SOL govern? How is the determination made?
KJohnson Posted September 18, 2003 Posted September 18, 2003 You choose the "most applicable" state limitations period. I think in most Cirucits you are looking at the state's written contract limitations period. However, watch out for the Third, I think applicable precedent may still mandate loking at wage payment collection statutes which are usually very short
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