Employment Lawyers Can Answer Your Employment Law Questions
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
The law does not specifically give the employer a time limit however, 30 days, would be customary, if the employer has failed to sign over the 401k,
and you do not have any outstanding loans,
you can send them an email or letter threatening an ERISA complaint, as ERISA, is the Federal agency that handles employees 401k and other retirement accounts.
Ok, well I don't have any loans or anything with them. I just need these funds to complete my business start up. It just seems like my information is in someone's inbox or laying on the desk back piled.
Then you should advise HR, that you will file an ERISSA complaint, they
will start to take this seriously,
under the Federal law,
ERISA does the following:
If they are failing to address your concerns, they can be found to be violating the rules, and can be fined,
ok, well thank you for your help on this. It really helps me. I think I will follow up with one more e-mail, and if this does not work then I will file the complaint.
You can file the complaint through the link above,
in your email, advise them you have made several requests, and their failure to cooperate is a violation of your pension rights, and that you will file an ERISSA complaint if they do not complete this task within one week.
They should respond.
If you have any further questions please do not hesitate to ask.
If satisfied please provide us with positive feedback, thank you
ok, thank you so much!
Will do .
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).