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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19294
Experience:  B.A.; M.B.A.; J.D.
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I quit working in 1983 company, after ten years of

Customer Question

I quit working in 1983 for a company, after ten years of employment, because the company moved their offices to Richmond, California. My retirement monthly payment was to be paid to me when I retired.In 1997, I did retire, and the amount I received per month turned out to be half of what had been contracted with me.When I protested, they told me that, in some point in time, the company had sent me a letter asking me if I wanted to change the contract. They said that in that letter they were offering me the chance to alter the contract to have my husband receive my benefits in case I should die before he did. They said that the way that worked was that if the company received no reply back from me, it meant that I was consenting to the change.I HAD NOT RECEIVED SUCH A LETTER. HOW CAN A “NO REPLY” BE CONSTRUED AS A “CONSENT TO CHANGE”?Although I protested strongly regarding this method of contriving the outcome, I could figure no way to fight it. We didn’t have the money to hire a lawyer.SHOULDN’T THE CONSENT FOR SUCH A CHANGE REQUIRE SIGNATURES OF ALL PARTIES, ESPECIALLY THE ONE FOR WHICH THE RETIREMENT AMOUNT CHANGES?SINCE WE DID NOT RECEIVE SUCH A NOTICE, AND WE DID NOT KNOW OF SUCH A CHANGE – AND THEREFORE DID NOT KNOW OF SUCH A PAYMENT TO MY HUSBAND – THE COMPANY WOULD HAVE BEEN OFF OF THE HOOK FOR PAYMENTS TO MY HUSBAND IF MY DEATH PRECEDED HIS. IT WOULD HAVE BEEN A WIN/WIN SITUATION FOR THE COMPANY.This has bothered me for all of the following 19 years. After watching many legal programs, including court cases with everyday people having their court appeals settled by the presiding judges, my resolve to protest this injustice has been strengthened.I FEEL THAT MY FORMER EMPLOYER’S MANEUVER TO CHEAT ME OUT OF THE FULL MONTHLY AMOUNT THAT I HAD COMING WAS UNFAIR, UNSCRUPULOUS, AND ILLEGAL. IF THERE IS A CONTRACT INCLUDING A CHANGE, WITHOUT THE SIGNATURES OF BOTH PARTIES, THE CHANGE IS NOT VALID.IF THERE IS NO LEGAL CHANGE IN THE DOCUMENT, I AM OWED THE AMOUNT THAT THEY HAVE DEPRIVED ME OF FOR ALL OF THESE YEARS. AND, ADDITIONALLY, THE COMPANY SHOULD HAVE TO PAY ME THE INTEREST THAT WOULD HAVE ACCRUED ON THAT MONEY. THE COMPANY HAS BENEFITTED FROM THE USE OF MY MONEY, AND ALSO UNDOUBTEDLY THE MONEY OF MANY OTHER PEOPLE THEY HAVE DEPRIVED PART OF THEIR RETIREMENT PAYMENTS.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

You need to file complaint against your former employer with the U.S. Department of Labor, Employee Benefits Security Administration ("EBSA"). This is the agency that is charged with the enforcement of employee retirement benefits. Click here for the contact information of EBSA.

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