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firewaterwordSatchitanandaPais Vasco to San FranciscoRegistered Userregular
I'm not sure what protections you're afforded. I do know that when our company switched benefits managers it took a fuck-all long time for the accounts to be migrated over eventhough deductions were still occurring regularly. When you were hired did you receive handouts detailing the specifics of the benefits package (explaining fee structures, penalties, vesting schedules, etc.), that's were I would look to find how long they have to move your contributions into your account.
You ought to be able to ask HR for the documents from the benefits management company that outline all this stuff if you don't have them.
The fact that this is money that had you not setup to be contributed to your IRA would be in your paycheck, that they're choosing not to contribute with the paycheck seems illegal to me. But IANAL. Just doesn't seem right.
DeShadowC on
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firewaterwordSatchitanandaPais Vasco to San FranciscoRegistered Userregular
edited March 2012
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firewaterword on
Lokah Samastah Sukhino Bhavantu
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KakodaimonosCode fondlerHelping the 1% get richerRegistered Userregular
edited December 2008
A few things.
1. Call your state department of labor. They will be able to give a better idea on what sort of recourse you may have.
2. Don't let them slide on this too long. If you think about it like DeShadowC said, this is no different than if they just decided to pay you less money.
3. This can have major tax implications if you have the IRA contributions deducted from your paycheck and not actually made. The IRS does not like that at all.
4. Make sure they're paying FICA and State and Federal withholdings on your paychecks. If they're not, you can be screwed 8 ways from Sunday when the IRS and state decides to go after you for the money.
Finally, I'd get my resume in order. I've been in companies where they've done this and it worked one time and the companies blew two other times. But even where it works out, the stress and annoyance from having to deal with not knowing whether or not the money would be in your account on payday got to be too much for me.
Kakodaimonos on
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firewaterwordSatchitanandaPais Vasco to San FranciscoRegistered Userregular
Posts
You ought to be able to ask HR for the documents from the benefits management company that outline all this stuff if you don't have them.
1. Call your state department of labor. They will be able to give a better idea on what sort of recourse you may have.
2. Don't let them slide on this too long. If you think about it like DeShadowC said, this is no different than if they just decided to pay you less money.
3. This can have major tax implications if you have the IRA contributions deducted from your paycheck and not actually made. The IRS does not like that at all.
4. Make sure they're paying FICA and State and Federal withholdings on your paychecks. If they're not, you can be screwed 8 ways from Sunday when the IRS and state decides to go after you for the money.
Finally, I'd get my resume in order. I've been in companies where they've done this and it worked one time and the companies blew two other times. But even where it works out, the stress and annoyance from having to deal with not knowing whether or not the money would be in your account on payday got to be too much for me.