Is it legal for my employer to automatically deduct, from my paycheck, for a 401K account that I did not agree to?

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Is it legal for my employer to automatically deduct, from my paycheck, for a 401K account that I did not agree to?

Asked on June 1, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, it is not legal. Employees may not be forced to enroll in 401(k) plans, and employers may not deduct wages without their consent. You have the right to the return of your money and to have the employer stop doing this. You could contact the department of labor and/or bring your own lawsuit (ideally, with the help of an attorney, though you are allowed to represent yourself pro se). You should not delay in taking action: illegal deductions from employee paychecks sometimes signal more significant financial problems, such as embezzlement; you want to act before any money is lost, moved, or otherwise becomes unavailable.


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