Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees. Employers' summary plan descriptions (SPDs) define such terms. We examine the four corners of an employer's plan. Which terms did it choose and how did it define and possibly more critically apply such terms? In most cases ERISA experts are best suited to evaluate an employer's choices, definitions, and interpretation per ERISA.

ERISA lawyers have expertise in the most complex employee benefits issues including tax and retirement benefits.

The large metro areas used to be where you might find expertise in that area. With COVID and remote lawyering you can probably find ERISA experts nationwide today. Like lawyers who represent federal employees ERISA lawyers are serving, or will soon serve, employees across the USA.

Look for lawyers who zone in on that technical legal niche. Your SOL question may take little time in a phone conference. But such a lawyer is likely to ask you many more questions outside the SOL to determine whether your facts might prevail at trial. Give deference to the expertise of such lawyers.

When any employment lawyer recognizes a viable claim by a potential client, sounding as committed to hard work as the employment lawyer, even an initial phone call might last longer. An ERISA lawyer will zone in on the specific issues which are critical for winning. Does the potential client know the answer or know where an answer necessary for winning might be found? Does the potential client sound sincere, credible, and will they have the patience needed for the best result? Phone conferences are very effective when assessing a potential client's and lawyer's focus and credibility.

If an employment lawyer invests substantial time gathering facts from you, substantial time drafting demands or complaints, and accepts your claim on a contingent fee basis that speaks volumes. Look for an ERISA practitioner who limits her or his practice to one or two technical areas. Good luck.

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