In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. ERISA section 510 makes it unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary.Usually, you fill out the required paperwork and submit it to the plan administrator, who then can tell you what your benefits will be and when they will start. After reading this article, you'll know what it takes to ensure your plan, participants, and company are protected from compliance missteps. The Division of Human Rights complaint form is available at the below link. You may use this form to file and submit your complaint online. Get a helpful guide and a longterm disability appeal letter sample to strengthen your appeal and improve your chances of approval. Fill out the form below to share the job Employee's Poor Performance Trumps FMLA Claim.