S
sherwingirl
Guest
What is the name of your state? Illinois
I resigned from my former employer in January 28th of 2004. I have made a request in writing to him (he is the Administrator) for Benefits Claim on February 16th 2004. Our plan is a Profit Sharing Plan & Cash Balance Plan.
He had 90 to respond - he did not.
I then proceeded to the Claim Review Request in writing on June 18th 2004.
He had 60 days to respond - he did not.
The claim is deemed denied. I have contacted the US dept of Labor on this, but there is only so much they can do. They have called him & he said that it was being processed. He also said that he never received my claims (which is false since I have the proof of signature from FEDEX). The US dept of Labor agent told me to wait 2 or 3 weeks and to call her back if I didn't get anything from him by then.
The next day, he told a 3rd pary that I could sue him if I wanted. Obviously, he has no intentions of paying what is due to me.
There were problems back in Feb. when he put a stop on my last paycheck stating that "my social security number was not valid". - which he was wrong about of course! I had been working there for 3 and a half years!!! He had copies of all my papers (& work visa) - I am a Canadian here on a TN.
He has also made alerts to the INS (Homeland Security) and they actually called my new employer to verify my papers - I guess he was taking a chance that I hadn't renewed my papers properly or something... thankfully, my papers were all in order and I am 100% "legal". He has been trying to harm me (not physically) one accusation after the other.
Now, he is even telling the US dept. of Labor agent that the whole process was delayed because of issues with Homeland Security. (what bull...t!)
What do I need to do at this point?
If I file a suit under Erisa, will the judge make him pay for my lawyer fees? How long of a process will this be? Anything else I can nail him on?
Thank you... sorry for the loooooong description!
I resigned from my former employer in January 28th of 2004. I have made a request in writing to him (he is the Administrator) for Benefits Claim on February 16th 2004. Our plan is a Profit Sharing Plan & Cash Balance Plan.
He had 90 to respond - he did not.
I then proceeded to the Claim Review Request in writing on June 18th 2004.
He had 60 days to respond - he did not.
The claim is deemed denied. I have contacted the US dept of Labor on this, but there is only so much they can do. They have called him & he said that it was being processed. He also said that he never received my claims (which is false since I have the proof of signature from FEDEX). The US dept of Labor agent told me to wait 2 or 3 weeks and to call her back if I didn't get anything from him by then.
The next day, he told a 3rd pary that I could sue him if I wanted. Obviously, he has no intentions of paying what is due to me.
There were problems back in Feb. when he put a stop on my last paycheck stating that "my social security number was not valid". - which he was wrong about of course! I had been working there for 3 and a half years!!! He had copies of all my papers (& work visa) - I am a Canadian here on a TN.
He has also made alerts to the INS (Homeland Security) and they actually called my new employer to verify my papers - I guess he was taking a chance that I hadn't renewed my papers properly or something... thankfully, my papers were all in order and I am 100% "legal". He has been trying to harm me (not physically) one accusation after the other.
Now, he is even telling the US dept. of Labor agent that the whole process was delayed because of issues with Homeland Security. (what bull...t!)
What do I need to do at this point?
If I file a suit under Erisa, will the judge make him pay for my lawyer fees? How long of a process will this be? Anything else I can nail him on?
Thank you... sorry for the loooooong description!