You may file your lawsuit under ERISA in a Federal district court. If you seek benefits or clarification of your right to future benefits, you may file an alternative suit in a State court. The court in its discretion may order either party in the suit (you or the plan/plan fiduciaries/plan sponsor) to pay reasonable attorney fees and costs, when a participant or beneficiary sues under ERISA.

What is the role of the Department of Labor if you sue under ERISA?

The Secretary of Labor may directly bring a civil action under ERISA to enforce the fiduciary provisions of ERISA. The Secretary also has limited authority to bring a civil action to enforce ERISA's participation, vesting, and funding standards with respect to a tax-qualified plan. In addition, the Secretary of Labor has discretion to intervene in lawsuits filed in Federal court to enforce rights under ERISA. A participant or beneficiary who brings an action in Federal court claiming a breach of fiduciary duty must provide a copy of the complaint to the Secretary of Labor and the Secretary of the Treasury by certified mail. It is not necessary to provide such notice to any government agency if you bring a lawsuit solely to recover benefits under the plan.

May your employer fire you for asserting your rights under ERISA?

ERISA prohibits employers from promising retirement benefits and then firing or disciplining workers to avoid paying a benefit. To that end, ERISA says it is unlawful for an employer to discharge, fine, suspend, expel, discipline, or discriminate against you or any beneficiary for the purpose of interfering with the attainment of any right to which you may become entitled under the plan or the law.

Also, employers cannot take any of these steps against you for exercising any of your rights or prospective rights under a plan or ERISA, or for giving information or testimony in any inquiry or proceeding relating to ERISA. Moreover, the use of force or violence to restrain, coerce, or intimidate you for the purpose of interfering with your rights or prospective rights is punishable by a fine of up to $10,000 and/or up to one year in prison.