Legal Question in Employment Law in Florida
defined pension plan
I have a defined pension plan from my former employer. He contributes all funds to it. I have knowledge that when money is deposited to this plan he puts in the the after taxes of my (all employees)wages to the plan except his. Is this legal? I feel he may be doing this to pay me less than what I should have in the plan after beeing vested for 5/6 yrs of service.I dont know exactly how much money I have because he never gave me any statements, etc. When I did ask for them I got suspended for a week. He said he did not trust me while he was out that week on vacation. Please help.
2 Answers from Attorneys
Re: defined pension plan
Not sure exactly what your question is, so please either provide a detailed account of what has occurred or feel free to contact me at (305) 755-9441.
Re: defined pension plan
It sounds like you are either having a feud with the boss, or he is not handling the pension properly. In either case, if you continue to pursue this, you should be prepared for whatever other adverse action he might take against you, including discharge, no matter how wrongful his action is.
Having said that, it is of course illegal for the boss to fund the pension improperly, and it is illegal for him to take action against you for pursuing your rights.
I think your best bet is to contact the local US Department of Labor office and ask for pension help. They'll connect you with the correct department. Then explain the matter with as many facts as you have and ask exactly what the employer should be contributing. If you feel it necessary, ask if you can file a complaint and whether they will investigate.
You can ask for them to keep you anonymous, but the boss will probably suspect you if an investigation occurs. And, as I said before, he might retaliate. In that case, you could file another complaint and/or sue, but you could be left without a job. It's not a good situation, but it seldom is with employers who are not following the law.
In the end result, if the job is worth more to you right now than fixing the pension matter, it might be best to let sleeping dogs lie.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.