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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: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/28/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,398
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.

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Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

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

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Customer reply replied 7 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 7 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.

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Satisfied Customers: 124,398
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