If you don’t win, we don’t get paid: 855-913-1134
Ver en Español

ERISA Lawyers in California

California employees and consumers are protected under ERISA when 401(k) or pension plans are mismanaged, overcharged, or misleading - giving you the right to recover losses and hold employers accountable.
Contact Us
Rate by Super Lawyers badge

Practice Areas > ERISA

California ERISA 401(k) Violations Can Come in Many Forms

Has Your 401(k) Been Mismanaged?

California ERISA High-Fee Plans lawyersYou worked hard for your retirement. You deserve to know that your 401(k), pension, or other employer-sponsored plan is being managed in your best interest. If you suspect your retirement savings have been eroded by excessive fees, poor fund choices, or self-dealing by plan administrators, you may have a legal claim under federal law.

Matern Law Group has experience investigating 401(k) and pension plans for violations of the Employee Retirement Income Security Act (ERISA). We offer free and confidential consultations, and we don’t get paid unless you do.

What is ERISA?

The Employee Retirement Income Security Act (ERISA) is a federal law that sets strict standards for how retirement and health benefit plans must be managed. It requires fiduciaries (such as your employer or plan administrator) to act solely in your best interest, provide full transparency, and avoid conflicts of interest. When they fail, you may be entitled to recover the financial losses to your account.

Signs of Retirement Plan Mismanagement

If you are currently or were recently enrolled in a 401(k) or other ERISA-covered plan, watch out for these red flags:

  • Underperforming investments that consistently lag behind benchmarks
  • High administrative or management fees that erode your balance
  • Proprietary or self-serving fund choices that benefit plan sponsors more than you
  • Lack of low-cost index or target-date funds
  • “Guaranteed income” or stable value funds that fail to deliver
  • Unclear or deceptive plan disclosures or fee breakdowns

Even if you don’t understand all the details, that’s okay. We can investigate on your behalf.

Do You Qualify?

You may have a claim under ERISA if:

  • You’ve noticed your 401(k) or pension isn’t growing as expected
  • You were steered into high-fee or poor-performing investment options
  • Your employer’s plan includes opaque or proprietary fund structures
  • You’re concerned your retirement savings aren’t being safeguarded

We work with employees from all industries, including healthcare, tech, retail, logistics, and finance.

Why Choose Matern Law Group?

California ERISA pension plan lawsMatern Law Group is a leading California plaintiff-side law firm with a track record of standing up to powerful corporations on behalf of workers, consumers, and investors. Our ERISA attorneys bring:

  • Decades of litigation experience
  • Proven results in complex class actions
  • Personalized attention and compassion for every client
  • A statewide presence to support clients across California

What Makes Our Approach Different?

We combine our deep employment law expertise with a strategic focus on financial justice. We pursue ERISA cases as class actions or mass actions, allowing us to fight back against systemic retirement fund abuse on behalf of groups of employees.

This aligns with our firm’s mission: to return power to the powerless. If your employer or plan manager has betrayed your trust, we’re here to help you hold them accountable.

Take the First Step Toward Accountability

Don’t wait to find out if your retirement plan has been mismanaged. These cases often have strict deadlines, and the longer you wait, the harder it may be to recover your losses.

  • Free, no-obligation consultation
  • No fees unless we win
  • Confidential review of your 401(k) or retirement plan

Call us today or  fill out our form to speak with an experienced ERISA attorney.

Frequently Asked Questions About ERISA

What Is ERISA and How Does It Protect My 401(k)?
The Employee Retirement Income Security Act (ERISA) is a federal law that establishes standards for certain employer-sponsored retirement and benefit plans, including many 401(k) and pension plans. ERISA requires plan fiduciaries, such as employers and plan administrators, to act prudently and in the best interests of plan participants. Their responsibilities can include:
  • Acting solely in the interests of plan participants and beneficiaries.
  • Prudently selecting and monitoring plan investments.
  • Avoiding improper conflicts of interest or self-dealing.
  • Monitoring administrative and investment fees.
  • Providing required information about the plan and its expenses.
When fiduciaries violate these responsibilities and cause financial losses to a retirement plan, affected participants may have a claim under ERISA.
What Are Signs That My 401(k) or Retirement Plan May Be Mismanaged?
Retirement plan mismanagement is not always obvious. However, certain warning signs may indicate that your 401(k), pension, or other ERISA-covered plan deserves a closer look. Potential red flags can include:
  • High administrative or investment management fees.
  • Investments that consistently underperform appropriate benchmarks.
  • High-fee funds when comparable lower-cost options may be available.
  • Proprietary or self-serving investments that may benefit the plan sponsor.
  • A lack of appropriate low-cost investment options.
  • Unclear or potentially misleading disclosures about fees or investments.
  • Investment options that are not appropriately monitored or replaced when necessary.
Poor investment performance alone does not necessarily establish an ERISA violation. An attorney can investigate whether plan fiduciaries followed a prudent process and fulfilled their legal obligations.
Can I Sue Over High Fees or Poor-Performing 401(k) Investments?
Potentially. ERISA does not guarantee that every investment in a retirement plan will perform well. However, plan fiduciaries have a duty to prudently select and monitor investments and plan expenses. A potential claim may arise when fiduciaries fail to fulfill those responsibilities, such as by:
  • Allowing unreasonable fees to reduce participants' retirement savings.
  • Failing to appropriately monitor poorly performing investments.
  • Selecting unnecessarily expensive investment options when appropriate lower-cost alternatives are available.
  • Choosing investments because they benefit the employer, plan provider, or another party rather than plan participants.
Whether these circumstances amount to a breach of fiduciary duty depends on the facts of the particular plan and how it was managed.
What Should I Do If I Suspect My 401(k) Has Been Mismanaged?
If you are concerned about how your 401(k) or retirement plan is being managed, start by preserving documents that can help show the plan's investments, expenses, and performance. Helpful records may include:
  • Account Statements: Recent and past statements showing your account balance, investments, and transactions.
  • Fee Disclosures: Documents showing administrative, investment, recordkeeping, or other plan fees.
  • Investment Information: Fund descriptions, performance information, and investment summaries.
  • Plan Documents: Summary Plan Descriptions, annual reports, notices, and other information provided by the plan.
  • Plan Communications: Emails, letters, or notices concerning changes to investments, fees, or plan providers.
You do not need to determine on your own whether an ERISA violation occurred. An ERISA attorney can review the available information and investigate whether the plan was managed in accordance with fiduciary obligations.
Can an ERISA 401(k) Case Be Brought as a Class Action?
Yes. ERISA claims involving retirement plan mismanagement may sometimes be pursued as class actions when the same alleged conduct affects many participants in the same plan. For example, a class action may involve allegations that plan fiduciaries:
  • Charged excessive fees to participants across the plan.
  • Selected or retained imprudent investment options.
  • Failed to properly monitor plan investments or service providers.
  • Engaged in self-dealing or other conduct that harmed plan participants.
A class action can allow participants to collectively seek recovery for losses allegedly caused by systemic mismanagement of their retirement plan.
How Long Do I Have to File an ERISA Claim?
ERISA claims can be subject to strict filing deadlines. For certain claims involving a breach of fiduciary duty, the applicable period may generally be:
  • Six years from the date of the last action that constituted part of the alleged breach or violation, or
  • Three years after the plaintiff obtained actual knowledge of the alleged breach or violation.
Different rules and exceptions can apply depending on the circumstances, including the type of ERISA claim involved. Determining when a filing period begins or expires can also be complicated. Because waiting may affect your ability to pursue a claim, an ERISA attorney can review your circumstances and help determine what deadlines may apply.

See What Our Recent Clients Have To Say

7/15/26
"Absolutely amazing!"
️️️️️
Made things so easy for me to understand and guided me step by step. Especially Karim.

Jennifer A.

6/25/26
"Pleasure to speaking to you Karim."
️️️️️
Thank you for helping me out and hearing what I am going through. I thank you for the support you have for me an my family. God bless you.

Carlos C.

5/15/26
"Great people!!"
️️️️️
Listened to everything I had to say and gave me assured information that they will see what we can do and plan. Definitely recommend them to others.

Janice Barragan

4/26/26
"Matern Law Group was very attentive to the questions and concerns I raised."
️️️️️
They took the time to listen carefully and patiently explain the legal issues in a clear and professional way. Especially Karim — he was responsive, kind, and thorough throughout the process. I…

Amber Kuo

View more testimonials

How Matern Law Group Can Help

At Matern Law Group, we are committed to obtaining justice for you. If you have been a victim ERISA violations, we can help. Our firm prides itself on providing exceptional legal services to its clients.

At Matern Law Group, we believe everyone deserves to have a strong voice in the legal process, and we fight tenaciously to hold abusers accountable. We design customized strategies to help each client achieve the best possible outcome. Furthermore, our firm does not charge fees until we obtain compensation for you. Contact us today for a free case evaluation.

Did You Know?

401(k) High-Fee Plans
In California, employees are protected under both federal ERISA law and state consumer-protection principles when it comes to high-fee or mismanaged 401(k) plans.

Notable Employment Law Cases and Results

Our attorneys have helped employees and consumers achieve significant results in complex employment and class action matters.

View more Case Results

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

Complete the form below or call: 855-913-1134 for a FREE consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*
Texting Consent*
* Do you give us permission to send you text messages about your inquiry?
Published: | Updated: