Legal Question in Business Law in California

Failure to fund 401k after money withheld from employee

My paychecks showed that 401k deposits were made

for the last 2 paychecks I recieved from a failing

company (not yet chapter 11). The money was never

put into the 401k account. Is this criminal?

Company formed in Delaware, HQ in Denver, CO,

most employees in San Diego, CA. How should I

proceed and what part of law enforcement/gov would

care?


Asked on 10/01/01, 12:26 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Failure to fund 401k after money withheld from employee

i would think this would qualify as unpaid wages and the state labor commissioner would probably have jurisdiction. i would start there.

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Answered on 11/06/01, 8:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Failure to fund 401k after money withheld from employee

Two possibilities would be the California Dept. of Industrial Relations and perhaps the white-collar crimes unit of your local police department, which would then refer it to the D.A. if it seemed of criminal proportions.

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Answered on 11/06/01, 8:30 pm


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