How do I force an employer to pay into my simple IRA that has been deducted from my paycheck for over a year

UPDATED: Dec 21, 2017

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How do I force an employer to pay into my simple IRA that has been deducted from my paycheck for over a year

Company Simple IRA has not gotten any of my deposits in 18 months although over 2000.00 was deducted from my paychecks

Asked on December 21, 2017 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fastest and most straightforward way is to sue for the money to be returned to you (the case could be settled by the deposits being made the way they should have been). You and other affected employees could jointly hire an attorney to share the costs.
Do this NOW. It is unlikely that there is an "oversight" or innocent explanation which accounts for 18 months of money not being deposited: over that length of time, it is more likely that the company owner or a fellow employee is stealing the money, or that the company is using it to prop up failing operations. If there is some criminal or wrongful act going on, the longer you wait to act, the greater the likelihood the money will be gone, the company will go out of business, etc. and you'll never get it back. The attorney you hire should know how to expedite matters and possibly "lock up" company funds to make sure there will be money to pay you.

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