Unpaid Benefits

If you have a dispute with your employee about benefits (such as whether the employee is getting the right amount of pension money), it’s probably covered in a pamphlet called “Summary Plan Description.” A description of the employee’s rights to make a claim or appeal should be in that pamphlet. You should provide a copy of the Summary Plan Description to the employee if requested.

For a really detailed description of your pension plan, you should look in the “Plan Document.” The Plan Document is usually a thicker binder filled with complete information on the plan. Look at the Plan’s section on claims and appeals.

Do I need a lawyer?

This area of the law is extremely complicated, and there are lawyers who specialize in benefits law. So, if you have a serious dispute with your employee about benefits, a lawyer who knows this area could be a lot of help to you. You should consult with a lawyer to get a better understanding of your obligations under the plan. You can then decide whether it’s worthwhile to hire a lawyer to represent you in defending the employee’s claim or a lawsuit.