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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118087
Experience:  20+ Years of Employment Law Experience
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I enrolled in my employers 401K plan in March, 2016. No

Customer Question

I enrolled in my employers 401K plan in March, 2016. No money was withheld and forwarded to the plan until October, 2016. This only happened after I made many calls and sent many e-mails to the company plan administrator. Over the 6 month period I figured they should have withheld and forwarded about $350.00. I feel my employer should make good on this money that should have been in my account months ago. They refuse. Is there anything I can do, or have I just lost out on that much in my 401K? Shouldn't the deductions have started immediately upon my enrollment? Doesn't the employer have a responsibility to do this in a timely manner?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin - head office in Maryland.
JA: Has anything been filed or reported?
Customer: Other than my many calls and e-mails, nothing has been done. I don't want to run the risk of losing my job for complaining.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do I have any rights to pursue this?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, you cannot make the employer submit money they did not withhold from your pay, as the courts consider that to be unjust enrichment. You can seek to force the employer to match your contributions and let you make up the payments they neglected to deduct from your pay. So if you should have had $350 in there you are entitled to demand the employer allow you to make up the contributions to catch up the 401K and if you do so they are legally obligated to provide any agreed upon match.
If they refuse you can file a complaint to the IRS or you would need a local attorney to sue them for violating the terms of their plan agreement and breaching their contract with you.
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