what can i do if my employer has failed ot pay my 401k as shown in benefits

I have questioned my 401k match from my employer and since 2014 they have only paid my 401 1/2 instead of the 1 1/2 percent. which means they owe my 401k 1 all the way back since 2014. what can I do? I have taken to our HR and they will not contact her to remedy the situation. It has been four weeks and it is still not fixed

Asked on March 9, 2017 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue them for the money: the extra 1% match was part of your compensation, and if you did the work, the employer is legally required to pay all the agreed-upon compensation. You could sue for the extra 1% they should have paid you, and if you can prove that your 401 grew during that time, possibly for the interest or capital appreciation would have received on that money. You would sue based on breach of contract--on violating the agreement (whether oral or written) pursuant to which you did work in exchange for agreed-upon compensation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue them for the money: the extra 1% match was part of your compensation, and if you did the work, the employer is legally required to pay all the agreed-upon compensation. You could sue for the extra 1% they should have paid you, and if you can prove that your 401 grew during that time, possibly for the interest or capital appreciation would have received on that money. You would sue based on breach of contract--on violating the agreement (whether oral or written) pursuant to which you did work in exchange for agreed-upon compensation.


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