What shouldI do about pensionand profit sharing plan irregularities with my former place of employment?

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What shouldI do about pensionand profit sharing plan irregularities with my former place of employment?

My former employer had me enrolled in their Profit Plan & Trust program from 2004 through the time I left (for a better job) in 01/10. When I left, I was fully vested. I am expecting my annual statement for the year of 2010 on 10/11 with distribution forms. I believe I have numerous points to file a grievance about through the appropriate government entities. Seeking advice on the best channels for me to research the following and what my possible course of action could be. 1. Until I resigned and asked for a current statement I had not (nor had any other employee) received an annual statement for 6 years. 2. I personally know of 3 employees who still work there who have not seen their statements in what is now 8 years. 3. For 5 of the 6 years I was employed, the employer contribution was 5% of my annual income. After I left in 01/10, I received my 2009 statement in 10/10 and the contribution amount had decreased to 2% with no notice for 2009 (a year in which I worked full time). I believe this is retaliation for my having left but I have nothing to compare to, as other employees haven’t been given their statements. 4. There are also numerous wage/hour violations that I was privy to, as an assistant manager and creator of the schedule, and counseled my employers to correct (which they failed to do). Having a very hard time with research on-line and I cannot afford an attorney at present.

Asked on July 25, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have questions with respect to irregularities concerning the pension and profit sharing plan at the former place of employement that you had where you were an enrolled member under the plan, you have the following options:

1. set up a meeting with the plan's trustee to have your questions answered;

2. if the answers do not meet your satisfaction or you believe that there may have been some improprieties, you should contact the nearest department of labor where you live and make a complaint against your former employer with respect to the plan. Your state's department of labor is in charge of investigating complaints with pension and retirement plans of an employer.


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