QUESTION
What do I do if my employer still deducts money from my pay but deposits to the IRA has stopped?
Asked on Apr 04th, 2013 on Labor and Employment - Washington
More details to this question:
My employer has been deducting money from my checks for my IRA, but 5 years ago the deposits to the IRA stopped. The deductions from my pay have not stopped.
8 ANSWERS
Steven Lee Miller
I would immediately contact the U.S. Dept of Labor. They are the ones that enforce issues pertaining to employee benefits like this. Horrible what the employer has done. You have missed out on a lot of market appreciation. I would argue that not only are you owed for the amount he would have deposited, but the amount the portfolio would have appreciated.
Answered on Apr 05th, 2013 at 3:49 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You first need to speak to your employer about this to see where the mistake lies. If your employer's explanation is not satisfactory, then you have a claim for unpaid wages that you can pursue either before the California Labor Commissioner or in the courts.
Answered on Apr 05th, 2013 at 3:31 AM
You should immediately ask your employer in writing what happened to the money deducted from your paycheck to be put into an IRA. If you do not get an adequate response in writing then contact an attorney to address the matter.
Answered on Apr 05th, 2013 at 2:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, if that is true your employer is committing a fraud and as both civil and criminal potential liabilities.
Answered on Apr 05th, 2013 at 2:10 AM
Before you do anything, you should speak to tax attorney. I am assuming you have been taking this IRA contribution as a deduction on your taxes? If so, and if they are not being invested, you may have tax issues with IRS, as well as perhaps losing this money. I suspect the attorney will tell you to discuss this with your employer, but I would get some good advice first. Are you sure it is an IRA? IRA Individual Retirement Accounts. Usually these payments are made direct by you into an IRA that you procure.
Answered on Apr 05th, 2013 at 1:55 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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You have the right to sue for "common counts" (ie. moneies had and received by another party unjustly) along with interest etc.. You can sue in Small Claims Court in California (max. is $10,000) or if it exceeds the jurisdictional limit, then you can sue in superior court.
Answered on Apr 05th, 2013 at 1:41 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, have you talked with the employer about it? Ask for the return of your money. Then, if the employer refuses, go to the Idaho Department of Labor and file a complaint.
Answered on Apr 05th, 2013 at 1:40 AM
This is a serious issue. Have you addressed it with your employer? You should speak with an attorney or the Washington Labor and Industries Wage & Hour division, once you have the facts. Keep copies of all your pay stubs and ask to review your personnel file so you know what is in it.
Answered on Apr 05th, 2013 at 1:39 AM