Just researching how my Solo 401k funds will be passed to my
Just researching how my Solo 401k funds will be passed to my beneficiary if I die and am the only trustee.JA: Have you documented this or discussed it with HR?Customer: I'm self-employed with a single-participant plan. No HR, just my business.JA: Is the employment agreement "at will," union, full time or part time?Customer: No agreement.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.
I need nformation on what my options are. I reside in the
Hi,JA: Hello. What seems to be the problem?Customer: I need nformation on what my options are. I reside in the state of NC. I left my job voluntarily at the end of August of 2016. I emailed my supervisor my resignation letter. However, I realized that there was a large sum of money deposited into my account. After looking into my account, I realized that they had paid me twice after I had already left the company.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I notified my supervisor to let her know that I wasn't aware of the first amount that was deposited; however, I wanted to let them know that another payment was deposited into my account.JA: Has anything been filed or reported?Customer: I am in NC. After sending the email, I received an exit survey from the company acknowledging the termination but I haven't heard anything else.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: Are you still there?JA: No. I'm the Lawyer's Assistant.Customer: Ok. I just as the pop up as I was on the website. Thanks.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, I would them to know that we had to manually submit our time cards. I have not accessed the time card system since I left.
If a preschool is not accredited under the NJEA but is
If a preschool is not accredited under the NJEA but is accredited under the NAEYC and they are licensed by the Dept of Children and Families Office of Licensing, are our teachers exempt and covered under the FLSA? If so, are we obligated to pay them for time they spend in the classroom after the end of the school day, answering emails and speaking with parents after hours.Are our co-teachers also exempt and covered under the FLSA after the end of the school day?Also we have hourly employees whom we pay a flat fee for services they perform (such as working on our Theater production) in addition to their hourly rate under the FLSA, do we need to include those hours in the calculation for benefits eligibility such as 401k, and health insurance? If we do not record those hours how does that affect benefit eligibility?
My wife was a retired JC PENNEY assoc iate recieving a
My wife was a retired JC PENNEY assoc iate recieving a pension. She is deceased as of July 8, 20016. Her pension is still going to our bank. I would like her pension terminated before I have to return a lot of money. Please advise how this can be done.
Counselor at Law
I live in Texas and am collecting umemployment. my husband
hi I live in Texas and am collecting umemployment. my husband and I have fallen on very hard times and since I've not yet found a job, and the unemployment benefits only cover about 1/4 of our bills, (he owns 2 businesses and one has put us quite a bit in the red for both) I had to cash in 2 401k plans I had from my last job and the one before it. Is this considered a "retirement Pension" and do I have to claimi it?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: full-time, at willJA: Anything else you want the lawyer to know before I connect you?Customer: I also received the annual bonus, but it doesn't seem to pertain to any questions asked when I was about to request payment.. thank you
Counselor at Law
RE: Possible Breach of Fiduciary Responsibility. The plan
RE: Possible Breach of Fiduciary Responsibility. The plan administrator for my 401K is also the general partner of the law firm I work for. On 10/15/2015 I requested a 401K loan. Loan was approved with the following terms: Principal Amount: $26,131.00; Effective Date: 10/19/2015; Maturity Date: 10/19/2020. On 9/1/2016, I was informed that the firm I work for is closing its doors. January 1, 2016, the law firm I work for will no longer exist. My question is, didn't the plan administrator, who is also the general partner of my firm, have some sort of fiduciary responsibility to me to not approve that loan? Like I thought there was this loyalty thing. This loan isn't even a year old yet. I believe he had a duty to me to protect me first, If he knows material facts affecting the interests of me, which he knows I do not know, doesn't he have a duty to me to either tell me before I make a decision to get a loan that large for a term that long knowing what the consequences are, or if he didn't want to tell me at least not approve it for that much money and that long a term? Please help me. I asked one of the other partners and at first he said he knew I had a loan and he would find the answer for me. The next time I talked to him he didn't have my answer and now he said he knew nothing about it. I was on vacation when all this went down. Nobody has talked to me other than the one partner who says he does not know. I'm not going to ask the general partner if I don't know the answer and his other partner says he doesn't know. Plus, these are estate and probate lawyers, come on...really, like they don't know. It is a small firm - only 3 partners. They don't pay overtime either so, if they break that law I don't trust that they will make this right. I don't know what to say when I do get in the room with him. Thank you in advance for your help.
I live in North Carolina, and my employer just underwent a
I live in North Carolina, and my employer just underwent a reorganization. Now the team I work with (and there is 16 people) is being told from some consultants that by this Thursday we must triple our production. We are being told if this does not happen, then everyone will go on verbal warning, written warning etc. This is insurance transactions in which the tax reporting must be accurate, etc. A lot of transactions are scrutinized for accuracy. My personal situation is not as overwhelming as that of my younger colleagues, I have an old pension, and I saved in the 401K. I could retire, but I don't really want to. One lady I work with in her 40's is saying this production requirement is illegal, I say it is not illegal, just unethical. She states she will just sue this employer for ????, I ask her what grounds she has for suing, and she just says I am being targeted. She also states this is just harassment from the employer, and the procedures they have are not in place (I agree with the procedures point she makes) I say this is not enough for a lawsuit, even if we all lose our jobs. She is copying all e-mails, and writing everything down. Am I right that even if we all got fired, there would be not much in the way of legal remedies for anyone?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I'm 57 yrs old & have worked for Wells Fargo Home Mortgage
I'm 57 yrs old & have worked for Wells Fargo Home Mortgage for 26 yrs, part-time evenings. I work 3 evenings, a total of 21 hrs/week. I have full benefits (i.e. 401k match, vacation, profit share, full medical). Along with my base salary, I receive 15% shift differential. I am also eligible for severance pay, which is capped at 25 yrs of service at 16 mths. Approx mid-July, we were informed that the dept will no longer exist, therefore, we are being transitioned into a 40 hr week, Mon-Fri. The position is considered lateral, but is an entry-level data entry position. We currently are titled as Loan Originators & duties included processing, closing, & underwriting duties. We also assisted with borrower's questions and/or concerns regarding their loan process. Shouldn't they have offered us a choice between displacement with severance and continued employment, since the work schedule & position are totally different?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Minnesota.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Of the 8 people affected by this, 3 are 55+ & have 25+ yrs service.
I resigned from my previous employer on July 1, 2016. After
I resigned from my previous employer on July 1, 2016. After I quit, they apparently did not submit my termination to the payroll department and I continued to receive two extra direct deposits as an active employee. I called on August 8 and spoke with a lady who handles the termination paperwork to my 401k company, asking her when my termination paperwork would be turned in. She advised me that my final paycheck would be in two days on August 10th, so I assumed they still owed me money. I was a salaried employee. Now, they are demanding the money back in full. Am I required to pay them back? If so, can they refuse small monthly payments? I reside in the state of Pennsylvania.