Legal Question in Business Law in California
company i used to work for claims they paid out my pension, they never paid me . how do i make them prove it was paid out and provide canceled check
4 Answers from Attorneys
There are three possible approaches, of increasing cost and seriousness: (1) continue to address the employer, trying different departments or individuals if necessary, to get them to re-examine their records and/or give you a clearer (written?) explanation of their position; (2) make a formal complaint to a state or federal regulatory body, probably the California Labor Commissioner's office (in the Industrial Relations Dep't., not Employment Development); then if necessary (3) file a lawsuit against the employer, and early on serve it with a discovery demand or demands aimed at forcing it to produce records of your accumulated pension benefits and your withdrawal of the same, if indeed it ever happened. There might be some federal recourse here as well.
I agree with Mr Whipple. If it is your pension they should be able to show you when and to whom it was paid.
This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.
You should speak to a competent labor law attorney in your area. That attorney should be able to give you a consultation as to whether you are entitled to your pension, and if you are not receiving it, get the ball rolling.
By putting that request in writing and mailing it with proof of receipt and signature requested.
If they refuse the info sought, and if you really think you are owed money, you will have to sue.
Feel free to contact me if serious about doing so.
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