What to do if the payroll company has not been sending in 401k contributions?

UPDATED: Jun 20, 2012

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What to do if the payroll company has not been sending in 401k contributions?

We recently discovered that our payroll company has not been sending employee contributions or employer match into our 401k administrator. What’s the best way to solve this problem?

Asked on June 20, 2012 under Employment Labor Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to try and resolve the issue with respect to the payroll company not sending in the employee's 401 k contributions is to have a meeting with the trustee of the 401 k plan at work to discuss the situation with a representative of the payroll company.

By doing such, you should be able to get answers to your questions. If the answers do not meet your satisfaction, your option is to consult with an attorney that practices labor law and/or make a complaint with your local department of labor.

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.

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