Legal Question in Employment Law in New Jersey
I recently became aware that my employer hasn't been making my personal contributions from my pay to my SIMPLE IRA, including his matching contribution (3%). Last contribution was in 2007. The money (6%) of my pay has continuously been taken out during this time, just not contributed. What can I do about this?
2 Answers from Attorneys
You should bring the matter to the attention of your employer and ask that prompt corrective action be taken. If that doesn't work, the employer is subject to a civil suit and may also be suject to criminal liability depending on the circumstances. There may also be recourse to the NJ DoL. Your're on pretty firm ground here. Even in bankruptcy, back wages, salaries, and benefits due to employees have high priority in payment.
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
It looks like your employer may have run afoul of Employee Retirement Income Security Act (ERISA).
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