Legal Question in Employment Law in Alabama

SEP retirement account payment not being made

I worked for a small, privately owned company from January 2nd until the end of April. In my contract it was stated that a payment would be made by the company on my behalf into a SEP retirment account at the end of the year. I began contacting the president of the company in October to provide the SEP account information to them. I have also forwarded a letter via registered mail to no avail. I am being blown off. Here are my questions:

1) How do I determine if the company made any profits so that they could make a deposit?

2) It is required by law that they deposit the same percentage of each employees salary. How do I confirm this percentage?

3) What would be the most logical step to take - small claims court or hire a lawyer?


Asked on 1/10/03, 2:29 pm

1 Answer from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: SEP retirement account payment not being made

Retirement issues are governed by a very complicated federal law known as ERISA (Employment Retirement Income Security Act). This matter cannot be done in small claims court in a local state court - they have no jurisdiction over these types of cases. Even though the case may seem very small to you, it might be a very serious case and I would be very interested in talking to you further about it at no charge to you. Please give me a call as soon as possible at 205-458-1100.

Sincerely,

Sterling L. DeRamus

Attorney at Law

2015 First Avenue North

Birmingham, Alabama 35203

205-458-1100

[email protected]

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Answered on 1/10/03, 3:38 pm


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