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Patrick, Esq.
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Hello My former employer has failed to put my contribution

Resolved Question:

Hello My former employer has failed to put my contribution into the 401K plan. My last day of employment was January 3rd. Clearly he is past the 14 day waiting period. Who do I contact to hold him accountable.

Bob Biddle
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.

Thank you for entrusting me to answer your question.

The Employee Retirement Income Security Act (ERISA) requires employers to transfer 401k contributions not later than the 15th business day of the month following the month in which those contribution amounts were received. Under some circumstances, an employer may get an extension of up to 10 business days.


In case of violation employees may file a complain to the Department of Labor or sue the employer in civil court. You can write the DOL here:


U.S. Department of Labor
Employee Benefits Security Administration
Office of the Chief Accountant
200 Constitution Avenue, NW, Suite N-5510
Washington, DC 20210


For more information regarding how to report 401k violations, visit this link:


Please let me know if you require any clarification.


I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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