EBSA also conducts investigations of criminal violations regarding employee benefit plans such as embezzlement, kickbacks, and false statements. You can file a complaint or grievance with your plan.Request assistance from a Benefits Advisor. To get a Benefits Advisor to call you, submit your name, address and phone number. Edit, sign, and share erisa complaint sample online. No need to install software, just go to DocHub, and sign up instantly and for free. ERISA section 510 makes it unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary. Again, an ERISA section 510 claim is a likely addition to other claims. The statement should identify the participant's accrued benefit and vested pension amount. Section II addresses the question of standing to bring a claim against an ERISA fiduciary.