Bailey & Glasser, LLP represents employees who are having trouble obtaining their benefits or suffered monetary losses due to mismanagement of an employment plan, including pensions, 401k plans, employee stock ownership plans (ESOPs) and benefit programs under the Employee Retirement Income Security Act (ERISA). We can handle high-stakes individual lawsuits and class actions, as well as trust litigation involving family. Learn more about a potential case by contacting us for a free consultation.
Why Choose Us?
- Our ERISA attorneys have over 20 years of trial and class action experience in employee benefit cases. We are trial attorneys who can take your case to court, if necessary.
- We have secured millions of dollars on behalf of wronged employees who lost some or all their retirement savings in 401k plans and ESOPs.
- Our Practice Group Leader, Gregory Porter, received the top ranking for his ERISA work by the global legal ranking company Chambers & Partners.
- Our law firm operates on a contingency fee basis, meaning no fees are charged unless you win. We take all the financial risk for you.
What Is ERISA Litigation?
The Employee Retirement Income Security Act of 1974 is a federal law that sets minimum required standards for retirement and health plans to protect employees covered by these plans. It requires participants to receive information about their plans, such as benefit accrual, plan features and funding. It also creates a fiduciary responsibility for those controlling the plan and managing the employee’s assets. Under ERISA, participants have the right to sue for breaches of fiduciary duty.
ERISA litigation may be necessary if the manager of a retirement plan commits a tort (wrongdoing) such as mismanagement, illegal benefit cutbacks, hidden fees or fraud. In these situations, the affected employee has the right to file a lawsuit claiming a breach of fiduciary duty under the protections of ERISA. One growing area of legal action is ERISA welfare benefit plan lawsuits, such as the denial of treatment under an employer’s medical plan. No matter what type of wrongdoing you suffered, an attorney can help you protect your ERISA rights.
ESOP Litigation
Bailey & Glasser, LLP also accepts cases involving ESOPs – employee benefit plans that offer workers shares of company stock. ESOP litigation often involves trustees who breach their fiduciary duties to stockholders, such as inadequate due diligence that results in poor investment outcomes for employee stockholders.
Our lawyers are currently investigating the following companies’ ESOPs and savings plans, among others:
- Bridges Health
- Buckeye Corrugated
- ConocoPhillips
- Global Vessel & Tank Holdco, Inc.
- Hercules Industries, Inc.
- JRM Construction Management
- PepsiCo
- Procter & Gamble
- RPM Group, Inc.
- Summit Companies Holdings, Inc.
- Wells Fargo & Company
Our law firm focuses on ESOPs that invest in private companies, which are managed by independent trustees. We have worked closely with the U.S. Department of Labor on cases, which has identified ESOPs as a priority due to rampant abuse by service providers. Our goal is not only to get our clients the financial compensation they deserve for ESOP mismanagement but to enact changes in the industry to protect future workers, as well.
401k and Pension Plan Litigation
Employees may unfairly or illegally lose money from their 401ks, pension plans or other employer-provided retirement plans due to breaches of fiduciary duty. Our attorneys can help if you are an employee or retiree who has lost money on your 401k due to imprudent investing, hidden or excessive fees, or other torts committed by financial institutions or trustees.
Bailey & Glasser LLP has successfully litigated 401k and pension plan cases at both the state and federal levels, as well as in the United States Supreme Court. We have obtained more than $100 million on behalf of clients and driven meaningful changes in how retirement plans are handled across the country.
What to Do if You Have Been Affected
If you believe an institution or trustee has mismanaged your retirement investments to your financial detriment, contact us for a free case consultation with an attorney. We will review your situation and let you know if you have grounds to bring a claim against one or more parties for a breach of fiduciary duty. If so, we may offer to represent you during the legal process.
Our national law firm can help you with ERISA, ESOP, pension plan or 401k litigation in any state, as well as in the federal courts. We will fill out and file the legal paperwork to initiate a claim on your behalf, as well as seek evidence to support your lawsuit and hire financial experts as necessary. Our attorneys can negotiate for a settlement or take your case to trial, if necessary. We will do what it takes to protect your rights.
You Have Rights as an Employee
An ERISA attorney can help you stand up against companies and financial institutions in the fight for justice after your rights have been infringed upon. If you’ve had your employee or retirement benefits denied or unfairly diminished, the lawyers at Bailey & Glasser, LLP can assist you in bringing a claim to pursue financial compensation. We have successfully represented employees, former employees, retirees, trust beneficiaries, businesses and other professionals.
The damages, or financial compensation, available to you during an employment law case based on ERISA, ESOP or 401k benefits may include:
- The amount of benefits due under the terms of the plan
- Interest or penalties, in some cases
- Attorney’s fees and costs related to litigation
- Pain, suffering and inconvenience
- Punitive damages, if the defendant committed fraud
Our team of ERISA and retirement plan attorneys has experience with even the most complex, multi-plan class actions. We have represented hundreds of clients in class actions against major financial institutions in the federal courts. If you have lost money or retirement savings because of imprudent lending practices or wrongdoing by financial-service companies, discuss a potential lawsuit with an attorney.
Contact Our ERISA and Retirement Benefit Attorneys Today
If you or a loved one has participated in an employer-sponsored retirement program listed above, you may have suffered a significant loss of savings. An attorney at Bailey & Glasser, LLP can help you exercise your rights as an investor, including the right to file a claim in pursuit of financial compensation for a breach of fiduciary duty. We understand the complex claims process and the laws regarding these cases. Our law firm is equipped to navigate the legal system and get fair results for our clients. Contact us today for a free case consultation.