Erisa Section 510
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Erisa section 510. Sutro on september 12 2016 posted in erisa 510 a federal magistrate judge in pennsylvania recommended that a class action complaint claiming that alliedbarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as untimely. It shall be unlawful for any person to discharge fine suspend expel discipline or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan this subchapter section 1201 of this title or the welfare and pension plans disclosure act 29 u s c. A erisa section 510 29 u s c.
301 et seq or for the purpose of interfering with the. This means that the loss of benefits was the reason behind the adverse employment action not merely a consequence of the action. Section 510 only applies to erisa covered plans erisa plan generally requires an ongoing administrative scheme.
A covered plan requires more than an employer cutting a lump sum check allegation of section 510 must be linked in an erisa plan. Section 510 1 provides for the secretary or a participant or beneficiary to bring civil proceedings under the provisions of section 502 of erisa. It shall be unlawful for any person to discharge fine suspend expel discipline or discriminate against a participant or beneficiary for exercising any right to which he is entitled under.
Sutro on september 12 2016 posted in erisa 510 a federal magistrate judge in pennsylvania recommended that a class action complaint claiming that alliedbarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as untimely. Erisa section 510 makes it unlawful for any person to discharge fine suspend expel discipline or discriminate against a participant or beneficiary for exercising any right to which he is entitled or may become entitled under an erisa plan. To prevail under erisa section 510 an employee must prove that the employer s adverse employment action was taken with the specific intent to interfere with the employee s rights or benefits under an erisa plan.
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