Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I had a 401k roll over in 2003 & again in 2004 now no one…

Customer Question
I had a 401k...

I had a 401k roll over in 2003 & again in 2004 now no one can tell me where my money is.

Lawyer's Assistant: Have you documented this or discussed it with HR?

I am the owner of the company, however I had 2 payroll services who were the plan administrators.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was and is a Full Time employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The 1st company was PayChex and the 2nd company that did the roll over was Administaff

Submitted: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
9/28/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,805
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

The company who did the roll over is the responsible company for the security of the 401K, so what are they saying?

Ask Your Own Employment Law Question
Customer reply replied 10 months ago
Administaff is saying that they show the funds were sent to Pay Chex on 8/18/04.
When I called Pay Chex they have no record
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

For starters, you need to request proof from Adminstaff of the transfer of funds. Then armed with that you need to attach a copy of that proof and notify PayChex they are liable for the funds (and of course any accrued interest on those funds) and demand they investigate. If they respond claiming they cannot find the funds or refuse to do anything, then your next step is you would have to sue BOTH Adminstaff and Pay Chex both, since they were fiduciaries on your account and they would have to prove in court which of the two parties mishandled the funds.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 126,805
126,805 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have been employed for 2 3/4 years by a company that I
I have been employed for 2 3/4 years by a company that I have a 401k with. They match part of my contributions. The company was just bought out and I am told that because I was not fully vested (3 yea… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was terminated from my employment in May of 2015. I have
I was terminated from my employment in May of 2015. I have since rebuilt my private practice, but lost my unemployment case. I did email my boss and request to plan my resignation as I held an adminis… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,805 satisfied customers
I was employed with this particular company 2.5 years.
I was employed with this particular company for about 2.5 years. During this time, the company gave quarterly bonuses based on the performance of the stock market. These bonuses were split in two part… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work (for several months per year) for a large (20,000 employee)
I work (for several months per year) for a large (20,000 employee) company. When I leave each year, I am not an employee of the company and must be re-hired to work again. I am a W-2 employee and each… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I work (for several months per year) for a large (20,000 employee)
I work (for several months per year) for a large (20,000 employee) company. When I leave each year, I am not an employee of the company and must be re-hired to work again. I am a W-2 employee and each… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I worked for a carpet mill 16 years and they took over another
I worked for a carpet mill 16 years and they took over another carpet mill that I worked for 7 years for a total of 23 years with this company. They had a savings plan and is now saying that they neve… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
If an employee has worked for the same company for more than
If an employee has worked for the same company for more than 25 years but has another 8 years before retirement can he or she be entitle to early retirement benefits? And what circumstances or conditi… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have a 401k through my previous employer that is "holding
I have a 401k through my previous employer that is "holding it hostage" by keeping me listed as an active employee with the investment company. I don't know for sure, but I think they are doing so bec… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
The company I work for has sold and we were allowed to roll
The company I work for has sold and we were allowed to roll over our 401k into the new company. The company would not accept my 401k loans because they said one was delinquent. After getting the payme… read more
socrateaser
socrateaser
1,031 satisfied customers
I severed service on 4/13/2011. Can I rollover my 401k to an
I severed service on 4/13/2011. Can I rollover my 401k to an IRA if I am still receiving severance pay.… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
My employer used Paychex payroll and 401k retirment services
My employer used Paychex payroll and 401k retirment services up until May of 2010 where the employer then ended their business relationship and begin a manual payroll process and IRA. Up until that ti… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My company says I cant roll my 401k money out of the companys
My company says I can't roll my 401k money out of the company's plan unless I am of retirement age or 3 years after I have left the company. Either fired or quit. It doesn't seem right to me I was hop… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I have ESOP money owed to me. I was called yesterday to say
I have ESOP money owed to me. I was called yesterday to say my former employer has decided to buy it back. They are going to automatically dump it into a 401K account they still had open for me under … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
When I was hired by my present company three years ago, the
When I was hired by my present company three years ago, the application asked if I had been convicted of a crime in the last 7 years. I answered no because at the time it had been 8 years since my con… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
I was told by my Administrator that I had 3 wks to roll over
I was told by my Administrator that I had 3 wks to roll over a new payroll program plus do all my regular payroll and HR duties. On the first payroll and there was an overpayment to (1) employee that … read more
Experienced Attorney
Experienced Attorney
JD
268 satisfied customers
Texas Labor Law question. This is US company whos corporate
Texas Labor Law question. This is US company who's corporate offices are in Iowa, and operates under the Maquila Agreement with it's factory in Reynosa, Mexico. I resigned my job on Jan 26th (2+ weeks… read more
Joseph Leon
Joseph Leon
Member
Juris Doctorate
270 satisfied customers
I wish to cash out my 401k penalty and all, but paychex tells
I wish to cash out my 401k penalty and all, but paychex tells me this... However, please keep in mind that you would need to meet a qualifying event; 1) termination of employment 2) reaching the retir… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
After leaving a a company for non-payment of payroll, ...
After leaving a a company for non-payment of payroll, and after you''ve sent a letter of request to the CIO and former employer requesting release of a 401K to be rolled into your personal IRA months … read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x