Blog Layout

ERISA Claims: Why You Need a Lawyer

Johnstone Adams • June 13, 2022

ERISA – or the Employee Retirement Income Security Act – is a federal law that governs all private employer-provided employee benefit plans. This can include 401(k) plans, pension plans, profit-sharing plans, and more. If your business offers a retirement plan to your employees, then you’re likely aware that these can be very complicated. Because of this, it’s essential to get legal help to ensure your plan is being administered correctly. Employees are obviously very invested in their retirement plans and ensuring their benefits are calculated and distributed correctly. You need a legal expert on your side to ensure you are following the laws and have legal backing for any decisions you make regarding your employees’ plans.

If you think you can handle ERISA claims on your own, you might want to think again after looking at this list of ways an attorney can assist you and your business:

1. Companies must follow ERISA’s minimum eligibility, vesting, disclosure, and funding rules. It’s essential to know the ins-and-outs of these.

2. Certain fiduciary rules apply to trustees and others that manage and administer the plans. If the rules are violated, the fiduciary can be held personally responsible.

3. There are mandatory disclosures and claims procedures that the plans must follow.

4. Participants and beneficiaries can bring a civil suit against the company. If the participant is successful, the company may need to pay all legal fees and costs. An ERISA attorney can help defend you and your company against any claims and help you determine what evidence you need to provide to refute the claim.

5. If you deny a claim, your attorney can help you ensure you have the right to deny it, and also help defend your decision by finding the legal evidence to back it up. This can help you avoid litigation.

6. If an employee claims you inaccurately calculated their retirement plan or payments, you need an experienced lawyer to help you find the accusation and legal claim.

7. When you offer a severance package to an employee, a lawyer can help ensure it is fair and accurate. He or she can also help you ensure the benefits are clearly stated so there is no confusion later and the ex-employee cannot come back for additional payments or benefits.

8. Some employees might have complicated circumstances surrounding their plans. Instead of guessing how to proceed with their payments or benefits, it’s essential to hire an attorney. This can include if an employee is divorced and needs to determine what an ex-spouse has access to, if an employee needs to know what benefits are available for early retirement, and more.

9. Terminating an employee’s ERISA benefits can be tricky and will likely be met with objections from the employee. It’s important to have a legal expert on your side.

10. Make sure an attorney reviews QDROs to ensure they do not violate any terms of the plan.

Representing yourself against an employee’s claims against your company and your administration of their retirement accounts is not advisable. You can quickly find yourself in a legal battle that requires expertise to handle.

Contact Our ERISA Attorneys Today

When you need a business attorney, let the experts at Johnstone Adams LLC represent your company.

Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, use our online form or contact us at 844-682-7682 or info@johnstoneadams.com.

< Older Post Newer Post >

Johnstone Adams LLC Ranked by Best Law Firms® in 2025

By David Owens • January 17, 2025

Mobile, AL. United States, January16,2025 ··Johnstone Adams LLC has been recognized in the 2025 edition of Best Law Firms*, a testament to its unwavering commitment to legal excellence. Ranked by Best Law Firms regionally in 8 practice areas, Johnstone Adams LLC has distinguished itself in the legal industry, earning this prestigious accolade. Firms included in the 2025 Best Law Finns& list are recognized for professional excellence with impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2025 edition of The Best Lawyers in Americaf). "At Best lawyers, we are proud to recognize law firms that show an unwavering commitment to excellence, innovation, and client satisfaction, • said Philip Creer, Chief Executive Officer of Best lawyers. "In the legal arena. Credibility is earned through consistent quality, which has propelled these firms to the forefront of the legal industry. • Achieving a ranking in Best Law Firms signifies high-quality legal practice and a depth of legal proficiency. Recognized firms, categorized into three tiers, receive acclaim on both national and metropolitan levels, reflecting the extent of their practice and geographic reach. Receiving a tier designation represents an elite status, reflecting the integrity and reputation earned by law firms. The 2025 edition of Best Law Firms* includes rankings in 75 national practice areas and127 metropolitan-based practice areas. The highest-rated firm in each national practice area attains the prestigious "Law Firm of the Year" honor. The transparent collaborative research process employs qualitative and quantitative data from peer and client reviews, supported by proprietary algorithmic technology, to produce a tiered system of industry-led rankings of the top 4% of the industry. Johnstone Adams LLC received the following rankings in the 2025 Best Law Firms®: • Regional Tier 1 o Mobile • Employment Law - Management • Labor Law - Management • Litigation - Labor and Employment • Workers• Compensation Law - Employers • Regional Tier 2 o Mobile • Employee Benefits (ERISA) Law • Health Care Law • Litigation - Construction • Tax Law ### About Johnstone Adams LLC Johnstone Adams LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense. Johnstone Adams, LLC specializes in the following practice areas: • Banking, Finance & Creditors• Rights • Business and Corporate including Business Dispute and Shareholder Rights Litigation • Construction Litigation • Employment, Labor and Workers• Compensation Law • ERISA, Tax, Trusts & Estates • Health Care including Mental Health • Immigration including Employment, 1-9 Compliance and Family • Insurance Litigation: (1) Defense: Construction & Completed Operations; Major Claims & Professional Liability; (2) Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title • Real Estate including Conveyancing, Environmental & Zoning • Real Estate Litigation, including Conveyancing, Lien Priorities & Titles For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.

Johnstone Adams LLC Lawyers Recognized as Best lawyers® Award Recipients

By David Owens • January 17, 2025

Johnstone Adams LLC Lawyers Recognized as Best lawyers® Award Recipients Mobile, AL. United States, January 16, 2025 •• Johnstone Adams LLC is pleased to announce that 7 lawyers have been included in the 2025 edition of The Best Lawyers in America• Since it was first published in1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Johnstone Adams LLC would like to congratulate the following lawyers named to 2025 The Best Lawyers in America list • Celia J. Collins • Employment Law Management. Labor Law Management. Litigation • Labor and Employment. and Workers' Compensation Law • Employers Rick A. La Trace - Bankruptcy and Creditor Debtor Rights I Insolvency and Reorganization Law • E. Russell March Ill - Elder Law • Wade B. Perry Jr. - Employment Law- Management, Health Care Law, and Litigation - Labor and Employment • Elizabeth Darby Rehm - Employment Law - Management, Labor Law - Management, and Litigation - Labor and Employment • Lawrence J. Seiter - Litigation - Construction and Workers• Compensation Law - Employers • E. Watson Smith - Employee Benefits (ERISA) Law and Tax Law ### About Johnstone Adams LLC Johnstone Adams LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense. Johnstone Adams, LLC specializes in the following practice areas: • Banking, Finance & Creditors• Rights • Business and Corporate including Business Dispute and Shareholder Rights Litigation • Construction Litigation • Employment Labor and Workers• Compensation Law • ERISA, Tax, Trusts & Estates • Health Care including Mental Health Immigration including Employment, 1-9 Compliance and Family • Insurance Litigation: Defense: Construction & Completed Operations; Major Claims & Professional Liability; Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title Real Estate including Conveyancing, Environmental & Zoning Real Estate Litigation, including Conveyancing, Lien Priorities & Titles For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.

Johnstone Adams LLC Lawyer Named to 2025 Best Lawyers: Ones to Watch® in America

By cherie • August 16, 2024

FOR IMMEDIATE RELEASE Johnstone Adams LLC Lawyer Named to 2025 Best Lawyers: Ones to Watch® in America Mobile, AL, United States, August 15, 2024 — Johnstone Adams LLC is pleased to announce that 1 lawyer has been included in the 2025 edition of Best Lawyers: Ones to Watch® in America. Best Lawyers: Ones to Watch...

Contract Clauses Your Construction Company Should Negotiate

By cherie • June 12, 2024

You might be focused on signing new clients and building their projects when running a construction company. While you’re busy with that, you might overlook the importance of crucial paperwork – like your contract. While rushing to get started on your project and meet timelines, it’s crucial to stop and take the time to create...

How to Use Immigration Laws to Diversify Your Workplace

By cherie • June 5, 2024

Hiring new employees, managing teams, promoting staff members, and more is a lot of work and requires you to follow strict guidelines to ensure workers are treated fairly. This is already a lot – before adding in complications when hiring immigrants. However, don’t let the fear of immigration laws prevent you from hiring immigrants. These...

Too Young For an Estate Plan? Why You Should Create One Now

By cherie • May 22, 2024

Do you think estate plans are for your parents or grandparents? While these might be more common for older people – or those with more assets – they can also benefit younger individuals. Even if you don’t have a lot of property or money in the bank, an estate plan can benefit you and your...

Non-Disclosure Agreements (NDAs): How to Protect Your Confidential Information

By cherie • May 15, 2024

Does your business need a NDA? You need to work with many people to meet demanding business needs. You might rely on numerous people, from employees to consultants and even agencies, to keep your business running – and thriving. While this might help you get work done and grow your business, it can also put...

Corporate Transparency Act’s New Reporting Requirements

By Johnstone Adams • May 3, 2024

Corporate Transparency Act’s New Reporting Requirements On Jan. 1, the Corporate Transparency Act (CTA) was enacted. This requires certain companies in the U.S. to disclose information regarding who owns or controls a company. Companies must report this to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). Which Companies Need to Report to FinCEN? For U.S.-based...

Tips for Estate Planning After Divorce

By Johnstone Adams • April 17, 2024

Estate planning after divorce may not seem a priority. Your life can be chaos. Your finances can be a mess, you might have just moved, and you’re trying to build a new personal life. Added to this list is updating your estate plan. While updating your will and beneficiaries might not be at the top...

Have a Blended Family? How to Handle Your Estate Planning

By Johnstone Adams • April 10, 2024

When you remarry, there are a lot of details to work out – especially if you or your spouse are bringing children into the family. While you’re focused on getting everyone settled and working out the day-to-day details, it’s important to not overlook the importance of updating your estate plan. Use these tips to ensure...

Slide Title

My husband and I were referred to Johnstone Adams in the spring of last year. We are working very closely with Jessica Welch and Greg Watts on an ongoing and unwanted family estate matter. Ms. Welch and Mr. Watts have been so professional and knowledgeable. In addition, considering the nature of the suit, Jessica has provided my husband and me with peace of mind we didn’t think was possible during this extremely stressful time of our lives. She is an amazing trial attorney. They have gone above and beyond. To sum it up, I have nothing but the utmost respect and appreciation for them. I would strongly recommend either of them to my dearest friends and family members. I’m so thankful that we stumbled upon them. I’m actually going to miss Jessica Welch when this is all over.”

I am currently using this law firm and they are informative, keep me up to date with my case, and return your calls/emails immediately. I am very satisfied. My wife and I approached Johnstone Adams to help us make a better-informed decision regarding her immigration. They have been a truly invaluable asset. They brought their knowledge, experience, confidence, and calm demeanor to the process, which put our minds at ease. The worry and anxiety that we were facing melted away, and we have been, literally, hand-held during this daunting process. We can’t thank or recommend Johnstone Adams enough and look forward to continuing to use their services in the future.

Johnstone Adams was a great help when it came to drawing up our family’s will and advanced directives prior to the birth of our first son. These are certainly things that no one wants to think about, but the process was easy. They were professional and knowledgeable, answering all of our questions along the way with compassion and sensitivity. Johnstone Adams responded quickly to any questions and was easy to get in touch with! We would highly recommend them for any legal work!! Jessica’s advice and assistance with our family’s interests in a probate matter was exceptional from beginning to end– always thoughtful, responsive and efficient, and focused and timely.

It was a genuine pleasure for the doubtless incorrigibly demanding old lawyer that I am to have a professional of her outstanding caliber assisting me on this matter—both generally and in my role as executor in particular—in a jurisdiction unfamiliar to me and on a matter completely outside of my own experience and expertise. I might also point out that she was really excellent in interfacing, always in a timely and solution-oriented manner, with other parties involved in our matter to help keep our initiatives on track—including attorneys dealing with the disposition of residential real estate and financial assets. Jessica and her excellent assistant, Shelly Perrone, also offered and provided pragmatic and efficient solutions to logistical and execution issues made it significantly more challenging than usual given the COVID-19 crisis and my own location far from Mobile– in Paris, France.

I highly recommend attorney Rick La Trace. Aside from being professional, polite, and yet firm, Rick is a combination of knowledge, detail, and responsiveness. (In my opinion, there are very few professionals who have ALL three qualities. Rick is one of the very few.) What makes him stand apart from the rest, is that he takes the time to listen to his client’s concerns (no matter how “trivial”). He educates client’s on how the law works, shares his opinions, including the pros and cons of each. We would definitely use Rick’s services again, and highly recommend him for anyone who wants a lawyer that they can trust to thoroughly handle their case from start to finish, even down to the small details. You can tell from working with Rick that he’s not just about getting paid for his services, but that he enjoys working through problems and finding creative solutions for his clients. Also, I highly recommend the Johnstone Adams, LLC systems and processes. Shelly and Cathy were on top of things. I give Rick and Johnstone Adams more than five stars.

Slide Title

WHY CHOOSE OUR FIRM

Dedicated Quality & Commitment

Only a few special law firms in the U.S. have provided exceptional representation to businesses for more than a century. Johnstone Adams, LLC is one of these rare, distinguished firms. Since 1897, the firm has successfully advanced from a local firm serving South Alabama into a dynamic regional powerhouse equipped to fulfill most legal needs of its diverse client base.

Legacy Of Excellence

Each attorney takes great pride in continuing the firm’s legacy of excellence. By consistently providing sophisticated, aggressive, and innovative legal solutions to every client in each service area, Johnstone Adams attorneys personally ensure that their firm’s long, storied past is only the beginning.

Exemplary Client Service & Efficiency

With a focus on exemplary client service and efficiency, Johnstone Adams attorneys guide clients through legal matters from the first conversation about strategy to successful completion in the following critical service areas: Health Care, Employment, Labor & Workers’ Compensation, Insurance Defense Litigation, Commercial Litigation, Corporate Transactions, Real Estate Litigation & Transactions, Construction, Oil & Gas, Tax, Trusts & Estate Planning, Banking & Finance, Immigration, and Forest Use.

ABOUT US