Employee confronts boss after discovering that he has been stealing from employee's 401k account for over a year: '[I'm] contacting a lawyer!'

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  • A younger employee reviews a document with his older boss in a meeting room at a modern office space.
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  • "My boss is stealing money from my 401k"

    I have been depositing money into my 401k since 2022. I recently checked my retirement account and found that my boss
  • has been withdrawing money from my paystubs but has not been depositing money into the account since Jan 2024. Upon reviewing my account, I found that he was depositing funds in 2023 in 6 month intervals.
  • I emailed my boss demanding answers and that my contributions be stopped immediately. He responsed back that he "didnt realize people were
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  • contributing" and there was an "issue with the account." That is clearly a lie since he has been facing financial hardships.
  • However, he said he will deposit the money by 12/31 into our accounts + the lost interest. I don't trust that he will be able to follow through on his word. I'm
  • interviewing with other companies and contacting a lawyer. I'm wondering if anyone has any advice on the matter. For reference, I live in NJ and work in healthcare.
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  • A younger employee looks at a laptop screen with his older boss in a meeting room at a modern office space.
  • Brock_Landers78 Also, it should be obvious, but start looking for a new job now.
  • Homer1s ⚫ • I think it will be very important that you print up all pay stubs, if he is stealing. from you it is doubtful that he will issue W-2s, so a pay stub will suffice come tax time. He is digging himself a deep hole.
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  • Dundah His choice or promising to deliver by date is odd. No. banks are open and most business admin departs close from December 22 northern about till January
  • 2. Thinking as if I was someone with a failing business it's perfect timing, you do all you can if christmas surge has not generated the cash reserves you need by the 20th you file for bankruptcy/creditors
  • protection on the 23nd banks and employers will not see a thing until well into the new year. Or you simple close doors for christmas and walk away.
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  • You're doing the right thing seeing a lawyer and seeking a new position already.
  • GuitarEvening8... What's the policy? My company pays out the 401k once a year.. it's annoying but the company rule. They think it helps retain employees
  • Some_dude_in_210 .1d ago . For your deferrals, the policy depends on how large your company is and who is auditing/reviewing the plan. But, generally, it can't be any later than 7 business days after your pay date. For employer contributions, the deadline is typically 12/31 of the following plan year, unless your plan year end falls on a date other than 12/31.
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  • So, if your company is withholding deferrals and only depositing them once a year, that's a huge No No and if the DOL knew about it they'd be f d. I assume you're talking about employer contributions such as a match or profit sharing contribution.
  • eye_in_the_skyy 1d ago. File a complaint with the department of labor. They can and will pursue the Plan's trustee for the failure to make those contributions. They are aggressive.

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