Employment Law Questions? Ask an Employment Lawyer.
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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 .
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