Legal Question in Employment Law in California

What can i do over not having a 401 k although i have worked undet same employer for 3+ years


Asked on 1/23/13, 1:55 am

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Does your employer have a 401k plan? Your employer is not required to have one, but you may have rights to participate if it does.

You should probably talk to your human resources director about this matter before contacting an attorney.

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Answered on 1/23/13, 2:03 am
Neville Fernandes Norcal Employment Counsel

An employer is not required to provide a 401k plan. You can possibly contribute to your own IRA if you are not covered by a 401k at work. You should consult a tax professional regarding this or search the IRS website for IRA.

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Answered on 1/23/13, 10:02 am
Terry A. Nelson Nelson & Lawless

Nothing, unless you are saying that the employer was supposed to have opened and contributed to one as part of your employment agreement or by company policy. None is required by 'law'. It is up to the employer if they want to offer one. If you are actually 'owed' one by agreement, and it hasn't been funded in accordance with the agreement, then contact me to discuss your legal rights and remedies.

You can always contribute to your own IRA, etc. See your HR person to discuss.

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Answered on 1/23/13, 4:51 pm


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