Employee Rights Question

[SkipNewarkDE]

Got a couple of questions regarding employee rights.

As part of my contract, my company was supposed to give me 401K matching contributions of a certain percentage last year. Due to financial problems, they didn't do this. I was told it would happen in April of this year, for last year's matching contribution. Then I was told it would happen on September 15, when the owners had deferred their 2004 taxes. It is October 17, and it still has not occurred. What action should I take?

On a related note, are there any specific laws or guidelines regarding pay dates and times during the day which a paycheck must be cut? Every few pay periods, the accountant will not run paychecks until well after 5:00 PM on our paydate, making it impossible for me to deposit my paycheck on the day I get paid. As far as I am concerned, you pay me after the bank closes, you are paying me a day later. What's the law say, if anything, on this, in Pennsylvania?

My company is owned by a couple of Fox-watching, Bush - loving right wingers. Nice people, but totally tone deaf so far as compassion for their employees is concerned. Despite rising gas prices, there have been no raises for over three years. Hard times. Yet the owners have enough money to buy houses, new cars, constantly travel, etc. It infuriates me.

[fleabert]

1. I can't say as to the legality of it all, but you could

initiate direct deposit with your paycheck, and those are usually done on 12:01 am on payday, instantly from their account to yours.

i'd talk to an employee rights lawyer and find out about all this.

[Horse with no Name]

2. First of all

Would highly recommend you find an attorney specializing in employment issues.

I think you might have a case on the 401k.

However, there aren't any laws that state that you have to be paid at a certain time. Have you thought about direct deposit?

[SkipNewarkDE]

3. Company does not OFFER direct deposit.

It is a small firm, perhaps 12 employees.

[Greyhound]

4. Sorry to hear this, I'm not a lawyer, but I'm pretty sure it depends on

what State you're in. They all have their own laws. FL, TX, any other "right to work" State you're probably just screwed. The cost of an attorney will be greater than the potential recovery.

[rateyes]

5. I'd be looking for a new job...

sounds like the place you work is going down the tubes...but, I still would fight to get what was owed. By not matching your funds, you are not drawing interest you would otherwise be entitled to...they are ripping you off.

[Redleg]

6. It seems to me that your bosses ARE NOT nice people if that is how they

treat people.

I am not aware of guidelines regarding pay dates. I assume that pay dates are meant to be regular.

As for the 401(k), did your employer put this in writing? If so, were there any provisions allowing the employer to postpone contribution to the 401(k)? If not, it seems to me that you should be able to show breach of contract. You should run this by an attorney specializing in employment law.

[SkipNewarkDE]

7. I think in orer to qualify for the type of 401K program we are in...

... and thus give them favorable tax status, etc., they HAVE to make these contributions or else they are in violation of those stipulations.