Legal Question in Administrative Law in California

can you sue a company you do not work for, for not exercising fiduciary responsibility to the employees by failing to explaining in detail and not adequately providing resources in 401k retirement accounts provided by the employer?


Asked on 10/16/13, 10:01 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably not. Well, technically, you could file the suit and the company would be obliged to file a response, but the response would probably be a demurrer alleging that you lack standing to sue. A successful lawsuit generally (but not always) requires that the plaintiff have a legally-recognizable complaint or claim of injury against the defendant. So-called "private attorney general" complaints are allowed in a small minority of matters, and the situation you describe does not seem to be one of them.

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Answered on 11/08/13, 6:19 pm


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