Hi.

My employer (brother) is not contributing my 401k deductions from my check to my 401k plan. I had talked to his accountant, his 401k administrator at work, the 401k Provider (Principal, Horrible customer service on their part), everybody is giving me the run around.

Who legally should I contact to have this resolve? The Labor Department, IRS, a tax advisor, a lawyer (last resource).

He is taking it from your pay and exactly what is he doing with it ? Holding it to make quarterly deposits, or just stealing it from you.

If you have check stubs showing he held it out of your pay, a lawyer is where you go, since this is a civil action and a criminal action. They could be charged with theft and fraud if they are taking it from you and not giving you credit for it.

From an article I found on-line at: Got A 401(K) Question? - Personal Finance News Story - WDIV Detroit

"Legally your employer must deposit your money no later than 15 business days after the end of the month. This means that it could take as long as six weeks from the time the money is withdrawn from your paycheck before it turns up in your 401(k). Think your employer is doing something fishy? You can file a complaint with the Department of Labor."