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Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 36990
Experience:  16 years practicing attorney
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I noticed that nothing has been paid into my simple ira since

Customer Question

I noticed that nothing has been paid into my simple ira since January, 2015. I'm deeply upset and am wondering what I can do. I asked my supervisor, and she said she had to get that done. that is 3 months of money taken out of my check but not put anywhere. I have not mentioned it to the eye doctors yet, which is where I work.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
This raises some red flags for me because whoever is responsible for withholding the IRA funds has the legal duty to deposit them into the account. If that hasn't been done, it is possible that they have been embezzling from not only you, but other employees as well.
With that said, you have the right to demand that your supervisor immediately deposit the withheld money into the account or you will be forced to take it up with the owners as well as begin a civil suit for breach of contract for "conversion" which is the wrongful keeping of the property of another (i.e. the withheld money).
If the supervisor is the one responsible, that may scare them enough to go ahead and deposit the funds rather than be called to account by the owners and potentially criminally prosecuted for theft.