Arethere any legal actions I can take against my former employer for withholding my 401(k) benefits?

I have submitted all the forms signed to my employer on 3 different occasions within the past 3 months. My former employer keeps telling me I did not submit all the papers, then I re-submitted the papers and signed off on them, I sent two sets of all the completed papers certified mail twice, and then I faxed them. I am not getting any response on why I have not received my monies from my 401(k) yet.

Asked on September 7, 2011 under Employment Labor Law, Georgia

Answers:

Rhonda L. Patterson / The Patterson Law Office

Answered 9 years ago | Contributor

401(k) benefits are typically covered by a federal statute referred to as ERISA.  ERISA requires in most instances that a retirement plan have clear claims procedures in place.  Under those procedures you should be able to file a formal claim for benefits in which you submit all supporting documentation.  Your claim must be granted or denied within a certain time frame. If your claim is denied, it must be in writing, and you have the right to appeal.  If your appeal is denied you can then bring an action in court for payment of benefits.  I recommend referring to your plan's claim procedures as a starting point.  I've done benefits claims work for years and many times these issues can be resolved before having to resort to a courtroom.

 

Rhonda L. Patterson

The Patterson Law Office

www.thepattersonlawoffice.com

* My reply to your question does not create an attorney client relationship.  I recommend contacting a lawyer in your jurisdiction to discuss the specific facts of your case. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.