Laid off due to COVID-19? We’re here to help.
Keller Rohrback is concerned about the impact the COVID-19 pandemic has had (and will continue to have) on workers. We are currently investigating whether companies that have closed plants or laid off a significant percentage of their work force are complying with federal and state laws. If you were laid off without receiving the required 60-day advance notice or without being vested in your retirement plan, please contact us at (800) 776-6044 or email@example.com for a no-cost consultation.
Do you have questions about the impact being laid off will have on your retirement plan?
Keller Rohrback is currently investigating whether companies that have laid off a significant percentage of their work force are complying with federal law. Specifically, Keller Rohrback is investigating situations where a company has laid off 20% or more of the company’s retirement plan’s (e.g., 401(k) plans and defined benefit pension plans) participants. In that situation, the federal law (known as “ERISA”) that governs employee retirement plans requires that the retirement plan’s participants be fully vested in their benefits. This provision of ERISA applies regardless of whether the participants would otherwise be fully vested based on how long they’ve been employed by the company.
For example, if an employer’s match contribution to an employee’s 401(k) plan account only vests after five years of qualified work, but the employer lays off many employees with less than five years of work. Under ERISA, if 20% or more of the 401(k) plan’s participants are laid off in a year, then the participants must be fully vested – even if the participants have less than five years of qualified work and would otherwise not be vested.
Were you laid off without receiving 60 days of advance notice?
The federal WARN Act and many state mini-WARN Acts are in place to protect employees and their families by requiring that employers give a 60-day advance notice to the affected employees and state and local representatives before closing a plant or engaging in a mass layoff. If your employer violates the WARN Act, it may be required to provide back pay for each day of the violation, along with benefits, for up to a maximum of 60 days for each employee who did not receive the required notice.
If you have been laid off without receiving the required advance notice or without being vested in your retirement plan, please contact our employment law and employee benefits attorneys at (800) 776-6044 or firstname.lastname@example.org for a consultation at no cost to you. You can also visit our WARN Act or ERISA Vesting pages for more information about your legal rights.
About Keller Rohrback L.L.P.
For decades, investors have trusted the attorneys at Keller Rohrback to help them recover losses due to breaches of fiduciary duty. Keller Rohrback L.L.P. has a national reputation for groundbreaking ERISA class action litigation, and serves as lead and co-lead counsel in ERISA and other class actions throughout the country. With offices in Seattle, Phoenix, New York City, Missoula, Santa Barbara, and Oakland, our Complex Litigation Group is proud to offer its expertise to clients nationwide. Our trial lawyers have obtained judgments and settlements on behalf of clients in excess of $23.25 billion dollars.
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