Legal Question in Construction Law in California

401k funds

i work under davis bacon act on construction site for schools i noticed that my 401k deposits were not being made, during a meeting with the owners i asked what was going on with the deposits the stated that he took the funds to keep the company running and would pay them back in jan or feb is this right for them to do what laws have they broken both construction and civil


Asked on 12/13/03, 8:42 pm

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: 401k funds

This is what is called a very big no-no. How about very very big. Similar to withholding taxes any pension money must be deposited timely. Minimally there are civil claims that you would have. Those civil claims are part of white-collar crimes which carry both civil and criminal penalties in the state of California. It puts their construction license and jeopardy and definitely creates a situation with a should be an audit of all of the retirement account and deposits required in regard to this or other construction projects in which they were involved. The problem is if they go out of business getting them money may be very difficult and time-consuming. This is something that would help everyone on the project. I'm going to presuppose this was unionized I would go to your union representatives, given the details and let them start to carry out the situation. If you wish content Euro attorney if you're concerned that the situation needs monitoring at all. Lastly make a claim with the local district attorney, their white-collar crimes department or consumer affairs bureau. Good luck to you in a few wish to consult with me personally I am in the San Francisco Bay Area and have been practicing law for over 30 years. You can reach me at 925 -- 945 -- 6000.

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Answered on 12/13/03, 9:00 pm


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