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Jack R.
Jack R., Attorney
Category: Business Law
Satisfied Customers: 6147
Experience:  Significant Company/HR Experience
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I have been denied participation in my companys 401 k plan

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I have been denied participation in my company's 401 k plan citing that I have not worked over 1000 hours in a year. I have never been asked to clock in my hours because I am paid by commission. However in the past year
I have produced for the veterinary clinic over $500,000 and I know that I have certainly worked more than 1000 hours in order to earn this level of production. Please advise.

How long have you been with the company ?

Customer: replied 7 years ago.
I started the company in 1980, built a new facility that opened in 2002, grew the business and sold it to new owners in March 2007. I have stayed on as an associate veterinarian for 2 years to help them in transition.

In general courts do not like to meddle in company affairs and disputes concerning company practices unless some sort of discrimination occurs. If other veterinarians with 2 years in the company are getting the benefit you may be able to file suit because you are not receiving the benefit. In many cases a court will find once a benefit is offered to some employees it must be offered to all that qualify. If there is a contractual arrangement where you are to receive the benefit then you can file a breach of contract claim. This could include an employee agreement or handbook signed by the management and yourself.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 7 years ago.
There are no other associates except me. All the other vets are owners. However I believe Virginia law is being violated by not allowing my participation in the 401k plan. Can I complain to the Virginia state labors and complain of unfair labor practice?
Customer: replied 7 years ago.
I believe the company offering the 401k plan has the rule that anyone working over 1000 hours a year and over 18 years old is eligible.
Customer: replied 7 years ago.
Please answer the last question. Can I file a complaint with the State Labor Board?

The Virginia Department of labor handles cases of wages being improperly witheld. here your complaint is concerning a company benefit. 401K plans are not mandatory. Where they are offered your participation cannot be denied if eligible and others have the ability to participate. You may need to sue your employer as the only means to force allowing your participation.


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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.



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