I see. Thank you for clarifying that, John.
If the employer is continuing to catch up, I would typically allow them additional time to do so if you wish to maintain a good working relationship with them. You could pursue a breach of contract
claim against them or retain an attorney to demand they catch up on the contributions immediately or legal action will be taken. However, that would likely damage your relationship with the employer and as long as they are acting in good faith to come current with the contributions, I would normally permit them to do so rather than pursuing legal action against them.
In addition to pursuing a breach of contract claim against them, you could also assert a wage
claim since part of your agreed compensation is not being timely paid. It is up to you though, knowing the employer as you do, whether to pursue legal action now or wait a while longer to provide them with the opportunity to come current.
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