HP Faces Would-Be Class Action Over 401(k) Fund Performance
HP faces a would-be class action alleging poor performance by funds in its 401(k) plan, per Bloomberg Law — the latest ERISA suit targeting large retirement plans.
Updated
Priya Raman
· 2 min read
HP is facing a would-be class action over the performance of funds inside its 401(k) plan, according to a Bloomberg Law report.
The lawsuit centers on the technology company's retirement plan and challenges how its investment options performed for participants. If a court grants class certification, the case would open HP's plan management — including fund selection and monitoring decisions — to scrutiny on behalf of all similarly situated participants.
The case arrives amid a sustained wave of Employee Retirement Income Security Act litigation aimed at large employers' 401(k) plans. Workers have repeatedly sued plan sponsors over underperforming or high-cost investment options, and courts have awarded significant judgments and settlements in comparable cases.
What does the lawsuit mean for HP?
The plaintiffs allege that funds offered within HP's plan failed to perform adequately, a claim pattern familiar from ERISA fiduciary-breach suits. Companies that sponsor retirement plans hold fiduciary obligations to select and monitor investment options prudently, with participants' financial interests taking priority.
For HP, the stakes include potential damages covering the plan's affected participants, possible settlement costs, and changes to how the plan's investment committee documents its fund selection and review processes.
Why should HR and benefits leaders care?
A suit of this type touches directly on people-process decisions that HR and total rewards teams share with finance and legal:
- How investment committees document fund performance reviews
- Whether underperforming options get removed or replaced on a defined timeline
- How recordkeeping and management fees are benchmarked against market alternatives
- What investment policy statements say about monitoring thresholds
Benefits leaders at other large employers typically watch these cases closely because plaintiff attorneys use prior filings as templates, and allegations against one plan sponsor often reappear against peers within months.
What happens next?
The complaint now moves through early procedural stages, where HP can respond and where plaintiffs will seek class certification. The outcome will help determine whether HP's plan fiduciaries face trial or settlement talks, and benefits teams across large plans will be tracking whether the allegations inspire follow-on filings.
Source: Google News: Employee benefits