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Unscrupulous former employer! Can I get my money back?
I was laid off in March, and since then, I am having trouble getting what is rightfully my money from my previous employer. So far they have cheated me out of two weeks of compensation for vacation earned and not taken, 50% of their employee match to my 401K, and now they are refusing to pay the 65% of my cobra plan that by law I am now supposed to be getting and instead, they are forcing me to pay the whole premium. They say that the law is still not clear. Anyway... in total, I'd say they owe me at least $4000 in cash, plus $700 a month in cobra premiums. What recourse do I have to get my money? I know I could hire a lawyer, but that will probably end up costing me more than I actually get out of them.
first of all, it's not even me that this is happening to... it is a relative of mine who was on the job for over 3 years. I said it was me because I thought it was just easier from a first person perspective. Plus, it's nobody's business who the person actually is. The point is what the employer is doing to them. As far as being vested. His paperwork has said he is 100% vested for several months now. He IS entitled to all of this money, thank you very much. I only wanted to know if there was anything he could do about it without wasting money on a lawyer. God, people are so petty, angry and jealous it's unbelievable.
Oh, and by the way. The law is NINE months of cobra should be 65% covered
4 Answers
- Lisa ALv 71 decade agoFavorite Answer
I think you need to sit down and do some reading.
First read your employee handbook. You can find out what happens to unused vacation in your employee handbook.
Then read your 401(k) plan documents. You can see what your vesting period in in your 401(k) plan documents.
Then sit down and read the ARRA. See if it even applies to you.
So I think you are jumping the gun hers, and you are probably not owed a penny.
- lkprsbLv 51 decade ago
How long did you work for this company? Most companies have a clause that you don't vest in the employee 401(k) match or vacation until you have been working for a certain period of time (unusally at least one full year, but sometimes longer). As far as cobra, my understanding is that you are responsible for paying the premiums unless you have a contract or severance agreement that stipulates that they will reimburse you.
- 5 years ago
Send the State employment agency a letter in complete detail what transpired and why they owe you money. Be truthful and do not concoct any story's send a copy to that employer as well. The state agency will get in touch with you and you may be paid before they do. When the co gets the letter they will probably send the money immediately with an apology. That is if you are right.
- Anonymous1 decade ago
I studied your other questions and learned your husband was laid off in september of last year. You mentioned he was the one who had you and your family on his health care from his job. Obviously, You picked up benefits on your job to make up for him being incapable of holding down a job that provides health care. You also mention having to look into private healthcare. Obviously, Your previous job became the sole provider of healthcare for yor family for a very SHORT period of time. What makes you think they owe you 65% of what the cobra plan runs you? They only need to cover you for 1 month after you are discharged and then it is your responsibility to pay it.
