More details to this question:
My former employer failed to give me all of my 401K money. I have contacted them repeatedly by email and phone. They keep putting me off. They are not answering my emails and messages. Every time I contact them, we have to get the paperwork together. It has been two months of taking time out of my schedule to get them to just get me the paperwork. What are my legal options?
1 ANSWER
Kevin Elliott Parks
You should contact and retain an employment attorney immediately. Likely, a simple letter from an attorney to your former employer should motivate them to settle the 401K balance with you. It's not immediately clear to me what legal theory your letter should/could invoke. It's possible that you could allege a wage claim, which would include statutory damages, as well as attorneys fees. However, your employer will likely resist this assertion, and ultimately it may not be worth it to you (in both time and money) to pursue it beyond the remittance and receipt of your 401K balance. (In addition, breach of contract and/or tort claims may be possible claims under these facts, which may or may not have the ability to support a claim for costs and attorneys fees as well, depending on the facts and circumstances of your situation.) In short, though, while you may have valid claims, it's likely worth your while to hire an attorney for a few hours' time to investigate what rights and remedies you may have, and to draft a demand letter.
Answered on Nov 14th, 2011 at 5:42 PM