can a company force an employee to be in a 401k program?

UPDATED: Sep 30, 2022

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can a company force an employee to be in a 401k program?

the company I work for has all employees signed into a 401k so they can put our profit sharing into. The problem I have is I have to go into the 401k every year to opt-out so that nothing comes out of my check. I do not want to be in any 401k for personal reasons but they will not let me completely take my name out of it. Is this legal? Forcing an employee to participate in a program?

Asked on January 15, 2017 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, this is legal. Employers determine salary or wages, benefits, and other compensation, including 401ks or pensions, and may require employees to participate in any or all of these programs. Employers have broad legal discretion, under "employment at will" (the law in all states), to determine compensation, benefits, and participation therein.

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 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.

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