Employee Rights Protection

Document your rights as an employee. Don't let your employer's discrimination or harrassment go unanswered. By getting access to these forms you can document your case to your employer. Also, more importantly you will have the paper work to support any future legal action.

Protesting Sexual Harassment
Protesting Race Discrimination
Filing Appeal Against Wrongful Disciplinary Action
Filing Complaint Against Age Discrimination
Protesting Against Actions Resulting in Emotional Distress
Protesting Against No Warning Given Before Massive Layoff
Protest Against Racial Harassment
Protesting Sex Discrimination
Denial of Overtime
Protesting Against Interview Questions About Sexual Orientation
Requesting Severance Pay
Protesting Against Non-Payment of Commission at the Time of Being Fired
Protesting Wrongful Job Termination
Protesting Denial of Promotion
Protesting Unequal Pay
Filing a Complaint Against Pregnancy Discrimination
Protesting Against Interview Questions About Disability
Requesting Vacation Leave
Filing Claim Against Discriminatory Pay
Protesting Denial of Family and Medical Leave
Protesting Against Unsafe Working Condition
Filing a Claim for Unemployment Insurance
Demand Letter for ERISA Retirements Benefits
Protesting Derogatory Reference Given to a Prospective Employer
Requesting EEOC Posters at Workplace
Requesting Access to Personnel File
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 Employee Right - Pension Plan


The major worry for an individual after he/she retires from work is about having a continued source of income. Employers are not required to offer pension benefits, and it depends on their discretion. However, upon retirement many workers receive a monetary benefit from their employers in the form of a pension. There are basically two types of pension plans. And no plan should discriminate against members of a protected class.

Defined benefit plan - In this plan, the amount received is normally based on the duration of the employment and the wages received. The employer commits to paying a certain benefit amount when the employee retires. Each employee does not have a separate account in these programs, as the money to support the pensions is generally administered through a trust established by the employer.

Defined contribution plan - The employer must contribute regular deposits into an account established for each employee. The amount should be same for both females and males. The employee is not guaranteed to receive a given amount during retirement, but only the amount in the account. It is tied to profit, and as profits rise or fall, the investment in the retirement fund will change.

The defined contribution plans include-

401 (K) Plans – This is an arrangement that permits an employee to elect to have the employer contribute part of the employee's wages into a retirement plan on a pre-tax basis. It gives employees the choice of deferring payment of part of their wages until retirement. The deferred amount, which some employers contribute at least in part, is then invested for retirement. The benefit due to the employee upon retirement depends on the amount of money in the account and the payout method selected.

Profit Sharing plans – In this plan, a designated percentage of the company profits are added to employee contributions; this amount goes into a trust fund. This will finance retirement benefits.

Stock-Option plans – It either gives employees stock options in the company or gives them an opportunity to buy shares. It depends upon the employees’ incomes as to how many shares they are allowed to purchase.

Individual Retirement Accounts (IRAs) -This lets the employee contribute a maximum amount to a tax deferred account: $2,000 for individuals, or $2,250 if the employee has a spouse who does not work. In some cases, it can also be sponsored by the employer.

However, employers are not required to provide a pension to all their workers. They can exclude 30% of the workforce, and they can exclude certain types of employees. But they cannot just cover higher-ups and discriminate against lower-paid workers. Generally, employees are required to reach a certain age, such as 62 or 65, before they can avail themselves of any pension plan in its totality. But many plans support early retirement, at the age of 55 or above, and the employee may receive pension benefits, but at a reduced monthly rate.

ERISA

ERISA is a federal law that sets minimum standards for pension plans in the private sector. It covers most pension plans operated by private sector employers. However, it does not cover government workers or the military. The law specifies when the employee must be allowed to become a participant, how long they have to work before they have a non-forfeitable interest in a pension, how long a participant can be away from the job before it might affect benefits, and whether the spouse has a right to be part of the pension in the event of the employee’s death.

ERISA requires that most employees be allowed to participate in an employer-sponsored pension plan, if they are at least 21 years of age and have completed one year of service with the company.

 

Leave of Absence and Vacation
Non-compete Agreement
Employee's Right on Employer Policies
Discipline Rights
Rights on Personnel Files
Employee Pension Right
Employee Benefit Right
References Rights
Rights on Criminal Records
Employee Distress Rights
Defamation Rights
Rights on Assault and Battery
False Imprisonment Right
Employee Negligence Right
Right on Political Activity
Government Agencies
Union/Group Activity Rights
Whistle Blowing Rights
Worker’s Compensation Right
Tables - State Law
FAQs
Employee Right Glossary
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HARASSMENTHarassment General Info | Sexual Harassment | Race Harassment | File a complaint for Harassment      DISCRIMINATION: Workplace Discrimination Intro | Determining Discrimination | Age Discrimination | Disability Discrimination | Gender Discrimination | Religion based Discrimination | Pregnancy Discrimination | Marital Status Discrimination | Race Discrimination | National Origin Discrimination | Immigration Issue Discrimination | Language Discrimination | Sexual Orientation Discrimination    TERMINATION: Employee Termination intro | Employer and Employee Relationship | Kind of Employees | Saving the job | Saying good bye on good terms | Wrongful Termination | Termination of Employment at will | Final payment on Termination | Severance pay on Termination | References letter on Termination | Unemployment Insurance on Termination | Health Benefits on Termination   PRIVACY: Privacy Right Introduction | Privacy Right on Background checks | Drug Testing in the Workplace | Privacy Right on Surveillance | Privacy Right on Polygraph testing | Privacy Right on Medical Records Disclosure | Privacy Right on Property Searches | Privacy Right on Computers usage    HIRING: Hiring an Employee | Job advertisement for Hiring | Interview for Hiring | Arbitration Agreement on Hiring | Employee Drug Testing | Medical Test on Hiring | Hiring time Non-Compete Agreements | Hiring new Employee on Probation    WORKING & PAYMENT: Work & Payment Introduction | Minimum wage | Overtime Payment | Sales Commissions | Compensatory time | Vacation pay | Stock option | Sick time pay | Bounced payment | Break time pay | Pay deduction | Filing a complaint    HEALTH & SAFETY: Health and Safety Workplace | Workplace Safety | Basic environmental conditions for Health & Safety    UNEMPLOYMENT: Unemployment Insurance Introduction | Unemployment Insurance Eligibility | Filing a claim for Unemployment Insurance | Unemployment Insurance Amount to be received and till what date | Appeal a denial for Unemployment Insurance | Unemployment Insurance Overpayment