Legal Question in Employment Law in California

Contributions to 401K never made

I have been employed since '01 and am leaving my employer this month. I found my original offer letter which indicated 10% of my salary would be contributed to my 401K. The company had a few very rough years and no contributions have been made since '02. (outstanding are 03, 04, 05 and 06). What ground do I have to stand on to ask that they be contributed now? Is there a statue of limitations? And aren't there deposit limits for each year? I'm owed over $18K.


Asked on 4/29/07, 7:39 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Contributions to 401K never made

If you agreed to the job with the understanding that the contributions would be made, then you have a cause of action fo breadh of contract. Call me directly. 1.619.222.3504.

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Answered on 4/30/07, 2:44 pm
Joel Selik www.SelikLaw.com

Re: Contributions to 401K never made

Depending on what, exatly was stated, and other facts, this may have been a contract to provide you the funds and you may be due them.

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Answered on 4/29/07, 8:20 pm


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