QUESTION

Can employer take my father’s pension since he owe him?

Asked on May 31st, 2017 on Estate Planning - California
More details to this question:
In September 2009, my father officially retired but worked part time until October 3, 2009. Then October 14, 2009, he became gravely ill but recovered. His employer forgot to pay the employee insurance and got stuck with his medical bills. My father came to live with me in October 2012 and as I was going through his paperwork in my garage. I found a check receipt dated 7/7/2012 and when I asked about this, he said it was gone because he owed his employer for his medical bills. My father had a profit sharing and retirement plan and stocks. My father passed away January 2017 with no money left for us. When I asked his employer about his profit sharing, he told me my parents’ divorce in 1998 took it all which is not true because he continued to work and he had stocks. As I was researching, I found out that the company filing and in 2009, they were near $800,000 which his employer didn't give him. To this day, my father has stock because when my parents we're in the process. His employer took money out of my father’s account and invested in gas and oil. His employer has two security holdings. One is for him and his wife and the other is the employee’s profit sharing and trust fund. I sent him a letter Friday which he already gotten. I told him I wanted answers and paper work regarding my father’s pension funds go to the who, what and where and to relinquish the funds from the employee stocks and divided it among the beneficiaries. Otherwise, I'm going to forward this letter and my findings to all government agencies to investigate and I would seek legal counsel. What do I do next? I don't have any idea. What type of lawyer do I look for that can get his financial statements? He's probably burning some as I'm typing. Please help me because it just bugged me that my father worked for this man since 1969 and retired and died penny less.
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1 ANSWER

There are attorneys who specialize in employee benefits [I know of at least one in San Francisco] on behalf of the employee. ?Your case is complicated because you may have discovered a fraud, there may have been an oral contract, several statutes of limitations [time deadlines to file suits], violations of federal law, etc.
Answered on Sep 01st, 2017 at 8:20 PM

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