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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Post Former Employer Demanding Return of 401K Contribution

    My question involves labor and employment law for the state of: New Jersey

    I received a demand letter from my former employers attorney requesting a little over $1,000.00 for what they are claiming to be excess contributions on the employers part to my 401K/ profit sharing plan.

    I have not been employed at this firm for more than two years.

    There was no enclosures or data that state how this happened or what formula was used to determine this amount. I have nothing in my files that show this claim to be true.

    I do not beleive I owe any money but I have no written formula on the company's profitsharing to calculate the monies paid. I do not have any of my old paystubs for reference.

    The company employs under 50 people.

    I would like suggestions as to how to proceed with a response to this demand letter and where to find NJ statutes that show me my rights in this matter.

    Thank-you

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Former Employer Demanding Return of 401K Contribution

    This would not fall under NJ statutes but under Federal law. 401k's are Federally regulated.

    This is one that I would take directly to the US DOL. They are the regulatory agency for 401k's. They will be able to determine if this is a legitimate request, and help you if it is not.

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