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401k and employer situation


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 3 weeks ago '14        #1
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King Maximus 
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401k and employer situation
 

 
Brief overview for my Bx folk And a bit of a read

Been at current company since January of 2018. I had a meeting during the first month of my employment and the HR lady said that if we didn’t add specifics to our 401k plan or just didn’t do anything we would be automatically enrolled. No big deal..

Anyways I was called up to HR this afternoon to speak with the new HR person regarding my file. Turns out that my file didn’t contain any paperwork regarding 401k or anything.

Where my issue arises is that he stated they needed me to fill out the form stating I opted out of my 401k plan AND to date it 02/01/18 which would’ve been my first month of eligibility.. This was not a question and I felt I didn’t have a choice without facing possible retaliation/punishment. The energy was very weird. I was under the impression I had been automatically enrolled..

I calmly provided my signature and asked the question about signing (falsifying basically) the date on the form which he confirmed he wanted an old date and not today’s..

I know that I should’ve been checking my pay stubs and noticed no withholdings were being taken out for my 401k but I just a*sume people are doing their jobs and I get automatic deposits so I rarely look at them

I didn’t like they didn’t mention their mistakes and moved to cover their a*ses instead of rectifying.

Couple of questions

1.) Do I have any legal recourse here? I know they are in the wrong having me falsify the date on a legal document and not automatically enrolling me (may be mandated by law)

2.) is the potential legal option worth it in long run? I know it would sour relations with employer regardless of right or wrong. But I am missing on 24+ months of employer contributions

3.) Should I just bite the bullet and get enrolled in the 401k plan? Hard pill to swallow it’s not even about the money solely it’s the principal. I feel like they’re playing me for a fool in a way.



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 3 weeks ago '05        #2
pnoi89  topics gone triple plat - Number 1 spot x1
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Talk to a lawyer.

 3 weeks ago '04        #3
Fresh Beats 
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 pnoi89 said
Talk to a lawyer.
This. It took you this long to notice so I doubt you have a case to get all that money back. Normally they do make you defer coverage for these types of benefits so this doesn’t happen. Suing your employer may not be the best move.



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