Legal Question in Employment Law in California

Re: Employer pocketed my 401k

you can also file your own lawsuit.

Re: Employer pocketed my 401k

It seems that your only recourse is a civil action. If he has assets to pursue, you may be able to fnd an attrney take it on a contingency basis or with a small retainer added, depending on the difficulty of finding the defendant and establishing jurisdiction. Was the city or public entity negligent? Please contact me directly at (619) 222-3504.

Re: Employer pocketed my 401k

In addition to filing a civil action, there are other possible courses of action you could take.

First, if your former employer absconded with funds entrusted to him but which belong to others, that would fall within the definition of embezzlement, which is a crime that could be prosecuted under state law. Criminal law, particularly prosecution, is not my area of expertise, but you should consider getting in touch with your county's district attorney or the state attorney general to report this.

Second, as to unpaid wages, that would fall under the state labor commissioner, who would probably have records on this employer if he has set up business somewhere in the state. (The state labor commissioner receives disability and unemployment insurance payments and thereby keeps track of employers.)

Third, 401(k)s are covered under federal ERISA law. There is a separate system of labor and employment laws on the federal level which are administered by the federal department of labor. They would have an even broader reach and may be able to help you, at least with that part of your claim. Look in the blue pages of the phone book for the nearest office.