Generally speaking, no.
Although ERISA benefits claims can be brought in many courts against both the insurer and the plan administrator (your employer)
- By pursuing an ERISA benefits claim, you are not jeopardizing your employment.
- In fact, ERISA regulations prohibit employers from retaliating against their employees for attempting to pursue a claim under ERISA, or for otherwise exercising their ERISA-based rights.
- For example, if you appeal the denial of your disability benefits and then later bring an action against the insurer for damages, your employer cannot take an adverse employment action against you (i.e., termination, refusing to give a promotion or a raise, etc.) on that basis.