That is what, in fact, occurred. 128. In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more.A week before he turns fifty-five, his supervisor tells him he is fired for poor performance, even though no one had previously complained about his work. A letter of concern for poor performance is a formal document that outlines an employee's inadequate performance and emphasizes the need for improvement. This sixth edition discusses the wide range of issues that arise in litigation under ERISA. Section I addresses the Supreme Court's decisions defining ERISA's. Writing up an employee is an important process for managing performance. This document addresses requirements that an individual must satisfy in order to have a legal claim under the EEO statutes. Make copies of important documents and send the copies in the letter. "They know this stuff cold – among the best in the industry.