Helping Wisconsin Workers Protect the Benefits They Earned
Retirement benefits are more than numbers on a statement. For many workers, pensions, 401(k)s, and other employer-sponsored retirement plans represent decades of hard work, long-term planning, and financial security for the future.
When questions arise about missing benefits, denied claims, incorrect calculations, or mishandled retirement accounts, the consequences can be serious. At Hawks Quindel, our pension and retirement benefits lawyers help workers across Wisconsin protect and pursue the retirement benefits they earned through years of employment.
Our attorneys understand the complex laws governing employer-sponsored retirement plans, including the Employee Retirement Income Security Act (ERISA), and we work with employees, retirees, and beneficiaries facing disputes involving pensions, 401(k)s, and other retirement benefits.
Whether you are trying to understand your eligibility, challenge a denial, or investigate missing contributions, we are here to help you understand your rights and options. Contact the Hawks Quindel team today to discuss your pension or retirement benefits matter with an experienced Wisconsin employee benefits attorney.
Why You Should Choose Hawks Quindel For Your Pension and Retirement Benefits Claim
Retirement benefit disputes are often more complicated than people expect. Employers, plan administrators, and insurance companies may rely on technical plan language, complicated calculations, and strict procedural rules when responding to claims or disputes. Having the right legal team can make a meaningful difference in understanding your benefits and protecting your financial future.
Hawks Quindel has spent more than six decades representing workers, unions, and employees across Wisconsin. Our attorneys understand the real-world impact that pension and retirement disputes can have on individuals and families who are counting on these benefits after years of work.
"We do not represent corporations, and we do not represent the government. We represent workers against these large employers and large government bureaucracies. That's who we are, that's who we've been, going back 60 years."
~ Attorney David Zoeller, Hawks Quindel
Our clients choose Hawks Quindel because we provide:
- Experience handling complex ERISA and employee benefits matters
- A worker-focused approach—we represent employees and beneficiaries, not employers or plan administrators
- Practical guidance on retirement plan disputes and appeals
- Thorough analysis and enforcement of plan documents, contribution records, and benefit calculations
- Statewide representation with offices in Madison, Milwaukee, Appleton, and Waukesha
We approach these cases with the understanding that retirement benefits are essential to long-term financial stability. Our goal is to help you secure the benefits you earned and hold employers or plan fiduciaries accountable when problems arise.
Hear From Our Clients
“happy with our settlement”
Bill Parsons and Brook Tylka and the rest of the staff from Hawks Quindel were very helpful with our case. They kept me up to date on the progress of my claim from the very beginning. After our first conciliation, we felt very confident we had the right attorney to...
“a practice someone can trust”
Hawks and Quindel are an amazing law firm to deal with. It’s a scary time and everyone there puts you at rest that they have your best interest at heart. They never make you feel like you are bothering them and they kept me in the loop with answers before... “thoroughness, patience, and insight”
I can’t praise Aaron Halstead and Connor Clegg enough for their work on my legal matter. I especially appreciated their thoroughness, patience, and insight. They were always responsive to my questions. They helped me navigate a challenging workplace issue and obtain a good outcome. I would and do recommend them. “highly recommend seeking the services of this firm”
During this very difficult time, the staff at Hawks and Quindel kept me reassured and informed every step of the way. I had the pleasure of working with Attorneys Jessa Victor and Brook Tylka. Jessa, Brook, Matt, and Hadley, thank you for all of your hard work, professionalism and compassion!... “my case was won”
From our first phone call with Donnie Malchow, we knew we'd found the right person to help us. I had filed for disability and been denied. He was willing to walk beside us and thoroughly explain the entire process (lasted over a year and a half) and expectations (gave us... “I would wholeheartedly recommend HQ”
I had another law firm representing me on a non-compete, and when it became clear that I needed new representation, I reached out to Hawks Quindel. Aaron Bibb took my case and he represented me extremely well to an agreeable resolution of the case, and costs were extremely reasonable and... “went above and beyond”
Attorney Halstead and his team went above and beyond to not only win my case, but because of certain circumstances I had going on, they did everything they could to help and rush the settlement through. They were always quick at responding to emails and phone calls with questions I... “I highly suggest this firm”
I can't imagine using any other firm after having Hawks Quindel, they were so knowledgeable and experienced but yet so down to earth to talk with. They kept me informed every step of the way and always answered when I had a question. What a staff, so many great people,... “empathy, intelligence, and professionalism”
I reside in New Mexico but drove a semi-truck coast to coast for an unscrupulous trucking company out of Wisconsin. This logistics company harassed, bullied lied and discriminated against me, keeping my earned wages, and leaving me in a financial hole. Devastated I called and left a message for the... “people treat you like family”
Top notch law firm Jacob and Natalie were my 2 attorneys that represented me on both of my cases? They did a fantastic job. Speaking up for me as they do for thousands of people and especially the little guys down-to-earth, people treat you like family, these people are godsons. “Way beyond my expectations”
Many thanks from my family to all of you at the firm!!! Hawks Quindel, S.C. is the only place I would consider for LTD, disability, SSDI, ERISA, EEOC, DRoW legal help!! Jessa Victor and her team got me all the answers and results when I didn't think it was possible!!!... “His team were patient and professional”
I had the pleasure of being represented by Aaron N. Halstead, Shareholder, on my discrimination case. His team were patient and professional. I would highly recommend this firm for the professionalism and efficiency for working through my case. “If there were 10 stars”
If there were 10 stars I would give them that. There are not enough words to express my gratitude for Aaron, Ben and their team. I felt strong with them behind me. Exceeded expectations is an understatement. “wonderful to work with”
I had mauve she was wonderful to work with! She helped me with my long battle to get SSI and SSDI. Which thankfully I now have! She's a delight and really helps boost anyone's confidents. “Extremely knowledgeable”
I had an incredible experience regarding my workers compensation case with Jakob Feltham! It was my first workers compensation case (*or first case ever), and I didn't know anything about the legalities surrounding my issue, or what I was entitled to? Jake Feltham had ALL my answers, and made it... “I’m happy with the work they did”
They were extremely responsive and good at communication throughout the process. They were accommodating of my disability and explained things well, taking time to answer all my questions. I'm happy with the work they did. Felt like I really had people on my side during a confusing and difficult time. “consistently responsive and professional”
My recent experience with Hawk Quindel, and in particular with John Leppanen in the Milwaukee office. He, was extremely valuable. The support/intake staff responded quickly to my initial inquiry, and John was responsive and made time soon after our initial contact to begin work on my case. John was able... “the best lawyers, trustworthy”
Excellent people, the best lawyers, trustworthy, always seeking the best results in the shortest possible time. I highly recommend them. “Very Helpful”
Eze the intake coordinator was awesome, very helpful and connected me with the right people to help with my situation! Thank you Eze! “Had My Back”
In 2010, I returned home from my second deployment. In 2012, I was told by the VA I couldn’t return to the job I was working at. It is now 2019, and through 7 years of needing legal representation, Hawks had my back through 3 separate issues: short term disability,... “Best Decision”
I really don’t know how to put this in words to express how happy, satisfied, and really just overwhelmed with a sense of justice being handed out on my behalf. This big corporate work comp insurer treated me wrong, but before I decided to give up I contacted Hawks Quindel,... “Highly Recommend”
The attorneys at Hawks Quindel worked tirelessly on my behalf. They were transparent at every step of the way, and answered any questions I had directly and in ways that someone without a legal background could easily understand. Although I would highly recommend them to anyone who is potentially facing... What Types of Retirement Plans Are Covered by ERISA?
Most employer-sponsored retirement plans are governed by the Employee Retirement Income Security Act (ERISA), a federal law that protects employees and beneficiaries participating in benefit plans. In general, ERISA applies to private-sector employer-sponsored retirement plans unless the employer is a government entity or certain church-affiliated organizations.
The two primary categories of retirement plans are:
- Defined benefit plans (commonly called pension plans)
- Defined contribution plans, such as a 401(k)s or 403(b) plan
Understanding which type of plan you have is important because the rules governing eligibility, contributions, distributions, and disputes may differ significantly. We can review your retirement benefit plan and explain the type of plan and benefits you have.
What Is a Defined Benefit Pension Plan?
Defined benefit plans, commonly known as pension plans, are designed to provide eligible employees with guaranteed retirement income based on a formula established by the plan. The amount of the benefit is typically based on factors such as the employee’s years of service, age at retirement, and compensation history.
Unlike 401(k)-style plans, employees generally do not manage the investments within a pension plan. Instead, the employer or plan fiduciaries are responsible for funding and managing the plan assets.
Although traditional pension plans have become less common in recent years, many workers still rely on them for retirement security. Disputes involving pension eligibility, vesting, benefit calculations, or years of credited service can have a major impact on retirement income.
What Is a Defined Contribution Plan?
Defined contribution plans are employer-sponsored retirement accounts that allow employees to contribute a portion of their earnings toward retirement savings. Common examples include 401(k) plans, 403(b) plans, profit-sharing plans, and employee stock ownership plans (ESOPs).
Unlike traditional pension plans, these accounts do not promise a guaranteed monthly benefit at retirement. Instead, the value of the account depends on several factors, including employee contributions, employer matching contributions, investment performance, and account fees over time.
In many workplaces, employees contribute through automatic payroll deductions, and employers may offer matching contributions up to a certain percentage. Because workers are often responsible for selecting and managing investments within the account, these plans involve different financial and legal issues than defined benefit pension plans.
Problems can arise when employers fail to make required matching contributions, payroll deductions are not deposited correctly, or plan administrators fail to comply with ERISA requirements. Employees may not discover these issues until years later when reviewing account balances or preparing for retirement, which is why it is important to address concerns as early as possible.
What Are Some Common Problems With Pension and Retirement Benefits?
Retirement benefit disputes can arise in many ways, and employees are often surprised to discover problems involving benefits they believed were secure. In some situations, the issue involves a simple administrative error. In others, the dispute may involve years of missing contributions, incorrect calculations, or disagreements over eligibility for benefits.
One of the most common issues involves pension benefit calculations. Employees may discover that their projected retirement benefit is lower than expected because certain years of service were excluded, compensation figures were calculated incorrectly, or the plan formula was applied improperly. Even relatively small errors can have a significant long-term impact on retirement income.
Other disputes involve vesting and eligibility requirements. Some workers are told they are not vested in the retirement plan or that they never qualified for participation under the plan’s terms. These cases often require a detailed review of employment records, service history, and the specific language contained in the plan documents.
Employees may also encounter problems involving missing 401(k) contributions. In some cases, money deducted from employee paychecks was never deposited into retirement accounts, or employer-matching contributions were not made properly. Because retirement accounts rely heavily on long-term investment growth, missing contributions can create serious financial consequences over time.
Hardship withdrawal requests can also create disputes. Employees facing financial emergencies may seek access to retirement funds only to encounter denials or procedural complications. Because hardship withdrawals are governed by both plan rules and federal regulations, these situations can quickly become complicated.
What Rights Do Employees Have Under ERISA?
ERISA was enacted to establish minimum standards for employer-sponsored retirement and employee benefit plans. The law was designed to help protect workers by requiring retirement plans to operate fairly, disclose important information, and follow consistent procedures.
Under ERISA, employees generally have the right to access important plan documents, financial statements, and information regarding how the plan is administered. The law also requires retirement plans to follow certain procedures when evaluating benefit claims and appeals.
In addition, ERISA imposes fiduciary responsibilities on the individuals and entities that manage retirement plans. These fiduciaries are expected to act prudently and in the best interests of plan participants and beneficiaries.
What Does It Mean To Be a Plan Fiduciary?
Under ERISA, a fiduciary is a person or organization responsible for managing or administering a retirement plan. Fiduciaries are required to make decisions that prioritize the interests of plan participants and beneficiaries rather than the interests of the employer or other parties.
These responsibilities may include managing investments, overseeing plan administration, handling contributions, and ensuring compliance with the plan terms and federal law. Fiduciaries are expected to act carefully, avoid conflicts of interest, and make prudent decisions regarding plan assets.
When fiduciaries fail to meet these obligations, employees and beneficiaries may have legal remedies available. Fiduciary breach claims can arise from issues such as investment mismanagement, improper fees, mishandled contributions, or failures to follow plan procedures.
These cases are often highly technical and may require careful review of plan administration records, investment practices, and financial documentation to determine whether ERISA violations occurred. Our team is experienced in these types of claims and can perform a thorough investigation to determine what happened and who may be held responsible.
What Happens If Your Retirement Benefits Claim Is Denied?
If your claim for pension or retirement benefits is denied, you may have the right to challenge the decision through the plan’s administrative appeals process.
The denial notice is generally required to explain why the claim was denied, identify the specific plan provisions relied upon, and describe the steps necessary to appeal the decision. These notices may also include important deadlines that can affect your ability to pursue the claim further.
Trust the Hawks Quindel Team to Fight For Your Benefits
For ERISA-governed plans, the appeals process is especially important because strict procedural requirements often apply. Missing a deadline or failing to submit necessary supporting information during the appeal stage can create additional challenges later if litigation becomes necessary. This is when our team can be a valuable ally.
Depending on the dispute, a strong appeal may require reviewing plan documents carefully, gathering employment and payroll records, obtaining financial or actuarial analysis, and responding directly to the reasons given for the denial. Because the administrative record developed during the appeals process can play a major role in future litigation, many employees choose to seek our legal guidance before submitting an appeal.
How Hawks Quindel Helps With Pension and Retirement Benefit Disputes
At Hawks Quindel, we understand that pension and retirement disputes are about more than technical plan language or financial calculations. These cases often involve benefits that workers spent decades earning and planning around for their future.
Our attorneys help employees, retirees, and beneficiaries evaluate retirement plan disputes involving pensions, 401(k)s, ERISA claims, vesting issues, denied benefits, and missing contributions. We take the time to carefully review plan documents, investigate the facts surrounding the dispute, and explain the legal options available.
Depending on the situation, we may assist with reviewing benefit calculations, addressing contribution issues, handling administrative appeals, or pursuing litigation when necessary. Our approach combines practical legal guidance with a strong understanding of how retirement plans operate and how disputes develop over time.
Because we represent workers and beneficiaries—not employers or plan administrators—our focus remains on protecting the rights and financial interests of the people relying on these benefits.
Why Timing Matters in Retirement Benefit Cases
Timing can play an important role in retirement benefit disputes. Waiting too long to address a problem may make it more difficult to gather records, verify contributions, or evaluate eligibility issues.
Over time, important documents such as payroll records, contribution histories, employment records, and plan amendments may become harder to locate. At the same time, ERISA claims and retirement plan disputes often involve strict deadlines that can affect your legal rights.
Reaching out to our team for guidance early can help preserve evidence, clarify the issues involved, and improve your ability to evaluate potential claims or appeals before important deadlines pass.
Ask the Hawks Quindel Team…
What should I do if my pension amount seems incorrect?
You should carefully review your benefit statements, plan documents, and employment records. Our retirement benefits lawyers can help evaluate whether the calculations were performed correctly under the plan terms.
Can my employer legally withhold retirement contributions?
Employers must comply with ERISA and plan requirements regarding contributions. Missing or improperly handled contributions may create legal issues under federal law.
What if I was told I am not vested?
Vesting disputes often depend on plan language and employment history. We can review your service records and plan documents to help determine whether the decision was correct.
Do I need a lawyer for a retirement benefits appeal?
Retirement benefit disputes can involve complex ERISA rules and technical plan provisions. When you work with a skilled retirement benefits lawyer at Hawks Quindel, we can help ensure deadlines are met and evidence is presented effectively.
Frequently Asked Questions About Pension and Retirement Benefit Claims
What is the difference between a pension and a 401(k)?
A pension generally provides guaranteed retirement income based on a formula, while a 401(k) is an account-based retirement plan funded through contributions and investment growth.
Are all retirement plans governed by ERISA?
No. Government and many church-sponsored plans are generally exempt from ERISA.
Can beneficiaries bring retirement benefit claims?
In some situations, surviving spouses or beneficiaries may have rights to pursue benefits or challenge plan decisions.
Speak With a Wisconsin Pension and Retirement Benefits Lawyer at Hawks Quindel Today
You worked hard for your retirement benefits, and you should be able to rely on them when you need them. Whether you are facing denied benefits, missing contributions, vesting disputes, or questions about your retirement plan, we can explain your rights and help you protect your financial future.
Hawks Quindel has spent decades helping Wisconsin workers navigate complex employee benefits disputes and pursue the retirement benefits they earned. We are here to help you understand your options and move forward with confidence.
Contact Hawks Quindel today by calling our Madison office at (608) 257-0040 or our Milwaukee office at (414) 271-8650, or fill out our confidential contact form. During a free case screening, you can discuss your pension or retirement benefits matter with an experienced Wisconsin employee benefits attorney.