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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: California Employment Law
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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I've been working for the county of San Diego 15 years. I

Customer Question

I've been working for the county of San Diego 15 years. I signed up for contributions to our 401(a). After 15 years I'm just now noticing they weren't taking any money out until this year. They can't locate the original paperwork I completed. Should they be responsible to pay something since it was their error for not deducting?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will/ full time. It's
JA: Anything else you want the lawyer to know before I connect you?
Customer: You have one time enroll. Once enrolled you cannot get out.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Asad Rahman replied 10 months ago.

I am sorry to hear that. I think you have a strong claim here but the problem is how can you prove what your damages are. No one would be able to predict what your 401K value would be since the market fluctuates and there is no proof of your initial paperwork. However, maybe you can force some sort of settlement. I would suggest talking to a local employment law attorney. One other challenge is that it is difficult to sue a government entity due to sovereign immunity laws.

Expert:  Asad Rahman replied 10 months ago.

Let me know if you have any additional questions otherwise a positive rating of 5 stars would be greatly appreciated.