ERLG — Employee Retirement Litigation GroupEmployee Retirement Litigation Group
ERISA Explained

Can I Sue Over My 401(k)?

You can generally sue over a 401(k) when plan fiduciaries breached ERISA duties — for example by charging excessive fees, retaining imprudent investments, or favoring proprietary funds — and the breach caused measurable losses to the plan within the statute of limitations.

By ERLG Editorial Team · Published 2026-01-12 · Updated 2026-05-20
Key takeaways
  • • ERISA lets participants sue on behalf of the plan, not for individual damages alone.
  • • Most cases proceed on contingency, with no upfront cost.
  • • Limitations periods are short — typically six years, sometimes three.

Who has standing?

Current and former plan participants and their beneficiaries can sue under ERISA § 502 when fiduciaries breach duties that injure the plan.

What conduct counts?

Excessive fees, imprudent investment retention, prohibited transactions, failure to monitor co-fiduciaries, and similar process failures are the most common claims.

What can be recovered?

Restoration of plan losses, disgorgement of profits from prohibited transactions, removal of breaching fiduciaries, and attorneys' fees.

It's general legal information, not legal advice. For a case-specific assessment, request a free review.

Talk to an Attorney

Was your 401K plan named in a lawsuit?

We'll listen, ask a few questions, and tell you honestly whether your situation looks like a case. No pressure. No cost.

  • Speak directly with an ERISA attorney.
  • Contingency representation — no fee unless we recover.
  • Confidential. Your employer is never contacted without your consent.
Free Case Review
Step 1 of 6Takes under 60 seconds

A few quick questions — no legal or financial know-how needed. We'll give you an honest read on whether your situation is worth a closer look.

What kind of retirement plan do you have through work?

Don't worry if you're not sure — just pick the closest one.

Your information stays private. We never contact your employer without your okay.
Related
Current Developments
Cunningham v. Cornell, Explained
Read
Current Developments
Private Equity in 401(k)s: What EO 14330 Changes — and What It Doesn't
Read
Current Developments
The 401(k) Forfeiture-Lawsuit Wave
Read
CallFree Case Review