BENTON — Employee benefit fund administrators are suing an excavating business for allegedly failing to provide contributions.
International Union of Operating Engineers Local 520, et al filed a complaint Dec. 26 in U.S. District Court for the Southern District of Illinois against Mike Moniger and Moniger Excavating Company, alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiffs allege Moniger Excavating failed to comply with the terms of an agreement by failing to submit its reports and contributions when due.
As a result, the plaintiffs' employee welfare benefit funds have been damaged and were unable to provide medical and hospitalization benefits to covered employees.
The plaintiffs seek trial by jury, judgment against the defendants, jointly and severally, for delinquent contributions, liquidated damages, attorney fees, court costs and all other just and proper relief. They are represented by attorney Greg A. Campbell of Hammond & Shinners PC in St. Louis.
U.S. District Court for the Southern District of Illinois Case number 3:18-cv-02208-JPG-RJD