Legal Question in Employment Law in California
401K - file federal lawsuit????
Can I file an ERISA lawsuit against a former employer that did not deposit my contributions for two years into the company sponsored plan. Is it a federal or state suit?
1 Answer from Attorneys
Re: 401K - file federal lawsuit????
A very good question. ERISA claims are Federal Claims. They are to be filed in Federal court. I strongly suggest you find counsel to assist you in this matter.
You can also (they are not exclusive to each other) contact the Department of Labor, Pension Welfar Benefits Administration and make a complaint. They can be found on line at the DOL website or in the blue (government) section of your yellow pages.
I encourage you to contact counsel in your area who engage in ERISA work. You can find counsel by contacting your local bar association and searching on line. Best of luck.
Sincerely, Beth Mora
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