Legal Question in Employment Law in California

401k being allocated without my signature

Hi,

My employer is currently allocating an amount of my income to a 401k plan without me having filled out the proper paperwork. Do I have a legal right to my signature in terms of what I authorize? I have not filled out the proper form authorising my employer to distribute a portion of my income into a 401k plan. They have made an assumption on this amount based on another form, a form used for our pension plan. Are forms signed by me legally binding? And if so, how do I deal with an employer that disregards that bind?


Asked on 4/03/07, 2:57 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: 401k being allocated without my signature

An employer cannot take money from an employee's paycheck without written authorization, except for taxes. If you never authorized the withholding, you should notify the employer and have the money refunded. (If the employer matches the fund, though, you might rethink your position since it might be to your benefit.)

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Answered on 4/12/07, 2:27 am


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