Legal Question in Securities Law in California
The payroll company that handles our 401K contributions has not made a payment to our 401K administrator since January 1, 2010. What recourse do we have on any potential monies lost because of this.
2 Answers from Attorneys
Sounds like it could be an employment law matter or a breach of contract. You should immediately hire an attorney and get on this.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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Which type of problem it is, and how best to address it, might depend upon whether you are the employer who has set up the 401(k) program or you are an affected employee. In either case, I recommend digging out your paperwork applicable to the plan or its administration, then making appropriate inquiries. There may be an innocent answer, such as a change of plan administrators followed by poor communication, or maybe the plan was suspended. However, there is also a strong possibility of a mistake by someone, or worse, deliberate fraud, embezzlement, or similar.
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