Bates & Company |
Retirement Plan Relationship Manager ERISA Services, Inc. |
Central Pension Fund of the IUOE |
Defined Benefit Calculation Specialist/Actuary The Angell Pension Group, Inc. |
Benefit Associates, Inc. |
DPS Retirement Plan Consultant EPIC Retirement Plan Services |
Nicholas Pension Consultants |
Compass Retirement Consulting Group, Inc. |
United 401(k) Plans, Inc. |
Retirement Plan Legal Specialist Pentegra |
Central Pension Fund of the IUOE |
Carpenter Morse Group |
Nova 401(k) Associates |
Trucker Huss, A Professional Corporation |
Prime Pensions, Inc. |
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What Constitutes 'Retaliation' under ERISA? Stephen Rosenberg, The Wagner Law Group ![]() Sept. 1, 2015 "[A] viable cause of action under ERISA for retaliation requires, to succeed, a strong linkage between a job action or other harmful decision and the participant's request for benefits or effort to protect those benefits. Most of the typical disputes that go on day after day between participants and plan administrators don't rise to this level, no matter how it feels to the particular participant trapped in the dispute. Instead, a viable ERISA claim for retaliation looks much more like the facts of [Perez v. Brain], in which the [DOL recently] recovered several hundred thousand dollars in back pay and other damages for a trio of employees and plan participants who blew the whistle on malfeasance by a plan fiduciary and cooperated with a federal criminal investigation." |
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