Legal Question in Employment Law in Virginia

401(k) Direct Rollover

The disbursement amount on the

check is incorrect. My Financial

Advisor stated there was a gain not a

loss. I have tried with no success to

have my former employer and the

holder of the 401(K) to correct the

matter and they refuse. My Financial

Advisor advised me to contact Dept.

of Labor, this effort began on

12-28-06. I have called and faxed on

numerous occassions, all to no avail.

I cannot sign the Direct Rollover

Check because that would show

acceptance. I need to know if there

is another Government Agency that

I can contact? If there is no other

Govt. Agency, how should I proceed?

Thanks for any help you can provide.


Asked on 2/14/07, 9:22 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 401(k) Direct Rollover

Assuming that your 401K is covered under the federal ERISA (Employment Retirement Income Security Act) statutes, your remedy may be to initiate an action for an accounting or similar action in the appropriate U.S. District Court if DOL is unable to

remedy the situation. (The DOL, of course, is a large bureaucracy and such elephantine amalgams of government usually require considerable lengths of time to start moving.)

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Answered on 2/14/07, 10:41 am


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