Trend Report

Be Careful What You Tell Employees About Their Benefits

This content was originally published  by Theodore P. Stein, Esq.

On March 13, 2018, the U.S. District Court in Greenbelt, Maryland, issued a Memorandum Opinion in one of my cases granting summary judgment to my client, a defendant, and dismissing a claim that my client had breached its fiduciary duty under ERISA, the federal statute governing employee benefit plans.  The case is Damiano v. Institute for In Vitro Sciences, et al.  Although the Court ruled in favor of the defendant, the decision should be a wake-up call to employers about the danger of misrepresenting the benefits under a welfare or pension plan—even if the misrepresentation is accidental.

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