[skdraper]

What rights do I have if your employer takes money from your paycheck that is suppose to go into your 401K but kept the money. They keep saying they are going to put it back but it has not been replaced. It has been 8 months

[ebaines]

This does not sound good. Your employer has 15 days from the time they withhold money from your paycheck to the time it must be credited to your account.

I suggest you contact the department of labor about this - Contact a benefits advisor by calling toll free at 1.866.444.EBSA (3272) or electronically at Contact the Employee Benefits Security Administration. I pulled the following from: What You Should Know About Your Retirement Plan:

Sometimes, retirement plan administrators, managers, and others involved with the plan make mistakes. Some examples include:

• Your 401(k) or individual account statement is consistently late or comes at irregular intervals;
  
• Your account balance does not appear to be accurate;
  
• Your employer fails to transmit your contribution to the plan on a timely basis;
  
• Your plan administrator does not give or send you a copy of the Summary Plan Description; or
  
• Your benefit is calculated incorrectly

.

It is important for you to know that you can follow up on any possible mistakes without fear of retribution. Employers are prohibited by law from firing or disciplining employees to avoid paying a benefit, as a reprisal for exercising any of the rights provided under a plan or Federal retirement law (ERISA), or for giving information or testimony in any inquiry or proceeding related to ERISA.

Start With Your Employer And/Or Plan Administrator

If you find an error or have a question, in most cases, you can start by looking for information in your Summary Plan Description. In addition, you can contact your employer and/or the plan administrator and ask them to explain what has happened and/or make a correction.

Is it possible to sue under ERISA?
Yes, you have a right to sue your plan and its fiduciaries to enforce or clarify your rights under ERISA and your plan in the following situations:

• To appeal a denied claim for benefits after exhausting your plan's claims review process;
  
• To recover benefits due you;
  
• To clarify your right to future benefits;
  
• To obtain plan documents that you previously requested in writing but did not receive;
  
• To address a breach of a plan fiduciary's duties; or
  
• To stop the plan from continuing any act or practice that violates the terms of the plan or ERISA.

--------------------------------------------------------------------------------