What are my options if my former employer is refusing to provide me with my annual statement for the company profit sharing plan?

UPDATED: Aug 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my options if my former employer is refusing to provide me with my annual statement for the company profit sharing plan?

I have received profit sharing statements each year I worked at my former company – reflecting account balance and employer contribution as of 12/31 per each year. I left the company almost a year ago – and they will not provide me with a statement reflecting the balance of my account. All they provided me with was roll over/transfer paperwork with a dollar amount that they say is mine. I disagree with the amount based on what my total was at the end of my last full year of employment and the contribution that was to be applied last year based on my last full year’s earnings – that I have documented in a letter from my employer. Is this legal?

Asked on August 19, 2011 Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your former employer as the trustee and fiduciary under the profit sharing plan refuses to provide you with the annual statement for the plan that you seek, your have the following recourse:

1. write the trustee a letter requesting the needed information by a set date;

2. keep a copy of the letter sent for future need and reference;

3. if not received by the desired date, consult with an attorney experienced in labor law about the problem you are having;

4. contact the nearest Department of Labor in your state about the problem you are having. This entity is in charge of overseeing company profit sharing plans and fielding employee complaints.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption