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Old employer attempting to claw back 401K match after I quit. Halp

Old employer attempting to claw back 401k match after I quit
appetizing chest-beating indian lodge
  08/24/17
My understanding is that you're generally not allowed to kee...
Stubborn Irradiated Cuckold
  08/24/17
so you're saying monopoly lied to me? http://www.blackent...
bistre big orchestra pit dopamine
  08/24/17
Nope. He just didn't get caught.
Splenetic aromatic skinny woman death wish
  08/24/17
cr http://www.xoxohth.com/thread.php?thread_id=3710728&am...
very tactful cruise ship
  08/24/17
not sure but sounds like youre prob fucked and should give t...
bat-shit-crazy saffron nowag
  08/24/17
It's unvested money you're not entitled to and have no claim...
talented temple
  08/24/17
(chink bootlicker)
very tactful cruise ship
  08/24/17
Ljl at lawyercucks. Dont respond.
Sickened home knife
  08/24/17
...
tan charismatic twinkling uncleanness
  08/24/17
...
cordovan location milk
  08/24/17
...
very tactful cruise ship
  08/24/17
fuck them. make them litigate it. claim reliance. it'll cost...
very tactful cruise ship
  08/24/17
Exactly. Plus its easy to avoid service. LOL at pussy ass la...
Sickened home knife
  08/24/17
...
very tactful cruise ship
  08/24/17
Sorry i'm a stem dood and i don't know what this means. coul...
appetizing chest-beating indian lodge
  08/24/17
Make them take you to court over it, dont acknowledge receip...
Sickened home knife
  08/24/17
...
buff slap-happy preventive strike
  08/24/17
...
very tactful cruise ship
  08/24/17
Would they take me to court over it? There's probably some t...
appetizing chest-beating indian lodge
  08/24/17
$8k might or might not be below a threshold where they would...
very tactful cruise ship
  08/24/17
Cr
Sickened home knife
  08/24/17
cr. grow a beard too
mahogany glittery locus cuck
  08/24/17
why shouldn't GC making an $8k mistake cost GC $8k?
very tactful cruise ship
  08/24/17
...
Sickened home knife
  08/24/17
...
crystalline bull headed friendly grandma fortuitous meteor
  08/24/17
...
Confused Principal's Office
  08/24/17
unvested 401k match>>> that's the long and short...
Swashbuckling feces office
  08/24/17
Exactly. If you're giving it back, don't write them a check...
Walnut Well-lubricated Church Multi-billionaire
  08/24/17
LJL at them actually litigating over 8k. That's a rounding e...
black federal selfie corner
  08/24/17
Is this legal advice?
adventurous tank
  08/24/17
Agreed, assuming there is no fine print in your retirement p...
At-the-ready puppy heaven
  08/24/17
...
Lime beta marketing idea codepig
  08/24/17
ignore
Sepia Thriller Ticket Booth
  08/24/17
Odd flame, but I read all the way here. Nicely done xo.
concupiscible bawdyhouse
  08/24/17
Definitely not yours to keep, but you probably can anyway. L...
flesh comical laser beams stead
  08/24/17


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Reply Favorite

Date: August 24th, 2017 1:48 AM
Author: appetizing chest-beating indian lodge
Subject: Old employer attempting to claw back 401k match after I quit

I changed jobs a few months ago and rolled over my 401k into a roth IRA. I noticed that about $8,000 was included in the sum that I wasn't expecting, as it represented an unvested 401k match. I figured they changed the vesting policy or something and didn't alert anyone to it obviously.

Today I got an email saying the retirement plan management company noticed the error and are demanding I write them a check for the 8k. They even cheekily included pds of descriptions of courts favoring corporations/retirement plans and forcing employees to return the erroneous retirement distributions. They even came after someone's house after she used the retirement distribution to purchase it.

Do I have any options here? It's obviously pretty annoying I have to write a check for 8k just because some accountant fucked up.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34057633)



Reply Favorite

Date: August 24th, 2017 6:09 AM
Author: Stubborn Irradiated Cuckold

My understanding is that you're generally not allowed to keep misdirected funds from bank errors or whatever. Not sure what you could rely on to say you're allowed to keep the money.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34057923)



Reply Favorite

Date: August 24th, 2017 4:33 PM
Author: bistre big orchestra pit dopamine

so you're saying monopoly lied to me?

http://www.blackenterprise.com/files/2010/09/bank_error_in_your_favor.jpg

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061087)



Reply Favorite

Date: August 24th, 2017 4:35 PM
Author: Splenetic aromatic skinny woman death wish

Nope. He just didn't get caught.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061099)



Reply Favorite

Date: August 24th, 2017 5:26 PM
Author: very tactful cruise ship

cr

http://www.xoxohth.com/thread.php?thread_id=3710728&mc=1&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061404)



Reply Favorite

Date: August 24th, 2017 6:13 AM
Author: bat-shit-crazy saffron nowag

not sure but sounds like youre prob fucked and should give the money back.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34057927)



Reply Favorite

Date: August 24th, 2017 1:52 PM
Author: talented temple

It's unvested money you're not entitled to and have no claim to; give it back.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059937)



Reply Favorite

Date: August 24th, 2017 3:37 PM
Author: very tactful cruise ship

(chink bootlicker)

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060704)



Reply Favorite

Date: August 24th, 2017 1:55 PM
Author: Sickened home knife

Ljl at lawyercucks. Dont respond.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059951)



Reply Favorite

Date: August 24th, 2017 1:57 PM
Author: tan charismatic twinkling uncleanness



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059971)



Reply Favorite

Date: August 24th, 2017 1:58 PM
Author: cordovan location milk



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059979)



Reply Favorite

Date: August 24th, 2017 1:58 PM
Author: very tactful cruise ship



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059985)



Reply Favorite

Date: August 24th, 2017 1:56 PM
Author: very tactful cruise ship

fuck them. make them litigate it. claim reliance. it'll cost them more than 8k to get 8k back.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059959)



Reply Favorite

Date: August 24th, 2017 1:57 PM
Author: Sickened home knife

Exactly. Plus its easy to avoid service. LOL at pussy ass lawyers ITT

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059969)



Reply Favorite

Date: August 24th, 2017 1:57 PM
Author: very tactful cruise ship



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059975)



Reply Favorite

Date: August 24th, 2017 3:23 PM
Author: appetizing chest-beating indian lodge

Sorry i'm a stem dood and i don't know what this means. could you elaborate at all?

On one hand the money doesn't technically belong to me but i also don't see why some idiot making a $8,000 accounting mistake shouldn't cost his company $8,000.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060626)



Reply Favorite

Date: August 24th, 2017 3:33 PM
Author: Sickened home knife

Make them take you to court over it, dont acknowledge receipt of the email, dont answer any calls from them, dont sign for certified mail and dont answer your door

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060679)



Reply Favorite

Date: August 24th, 2017 3:35 PM
Author: buff slap-happy preventive strike



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060695)



Reply Favorite

Date: August 24th, 2017 3:36 PM
Author: very tactful cruise ship



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060698)



Reply Favorite

Date: August 24th, 2017 3:39 PM
Author: appetizing chest-beating indian lodge

Would they take me to court over it? There's probably some threshold below which they wouldn't, e.g. if i owed $500 or something.

I feel like I already fucked up because I forwarded the email to a friend so I don't know if that email exchange could be subpoena'd or something?

Is it possible I'd have to pay their legal fees if I lost in court?

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060719)



Reply Favorite

Date: August 24th, 2017 3:48 PM
Author: very tactful cruise ship

$8k might or might not be below a threshold where they wouldnt take you to court. how big is this company? even if they do take you to court, make them spend the money.

anything's possible but fee-shifting is pretty rare in most cases like this.



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060788)



Reply Favorite

Date: August 24th, 2017 3:51 PM
Author: Sickened home knife

Cr

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060811)



Reply Favorite

Date: August 24th, 2017 3:50 PM
Author: mahogany glittery locus cuck

cr. grow a beard too

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060804)



Reply Favorite

Date: August 24th, 2017 3:37 PM
Author: very tactful cruise ship

why shouldn't GC making an $8k mistake cost GC $8k?



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060701)



Reply Favorite

Date: August 24th, 2017 3:46 PM
Author: Sickened home knife



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060777)



Reply Favorite

Date: August 24th, 2017 4:30 PM
Author: crystalline bull headed friendly grandma fortuitous meteor



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061068)



Reply Favorite

Date: August 24th, 2017 1:59 PM
Author: Confused Principal's Office



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059993)



Reply Favorite

Date: August 24th, 2017 1:59 PM
Author: Swashbuckling feces office

unvested 401k match>>>

that's the long and short of it. send it back. or tell the companies to work directly. you shouldn't have to do it from your own funds. this is a manager to manager action.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059989)



Reply Favorite

Date: August 24th, 2017 5:18 PM
Author: Walnut Well-lubricated Church Multi-billionaire

Exactly. If you're giving it back, don't write them a check. They need to get it out of your IRA, and that's their fucking problem, not yours. You don't work for them.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061356)



Reply Favorite

Date: August 24th, 2017 3:37 PM
Author: black federal selfie corner

LJL at them actually litigating over 8k. That's a rounding era. No one sane is retaining counsel to go after you for $8k. I would only write them a check the day after a complaint is served.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060705)



Reply Favorite

Date: August 24th, 2017 4:29 PM
Author: adventurous tank

Is this legal advice?

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061060)



Reply Favorite

Date: August 24th, 2017 8:45 PM
Author: At-the-ready puppy heaven

Agreed, assuming there is no fine print in your retirement plan that allows them to get the money short of suing you. If they sue then you can capitulate or negotiate, claim hardship and offer 5k.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34062618)



Reply Favorite

Date: August 24th, 2017 3:53 PM
Author: Lime beta marketing idea codepig



(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060840)



Reply Favorite

Date: August 24th, 2017 5:18 PM
Author: Sepia Thriller Ticket Booth

ignore

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061357)



Reply Favorite

Date: August 24th, 2017 8:12 PM
Author: concupiscible bawdyhouse

Odd flame, but I read all the way here. Nicely done xo.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34062428)



Reply Favorite

Date: August 24th, 2017 8:50 PM
Author: flesh comical laser beams stead

Definitely not yours to keep, but you probably can anyway. Large qualified plans essentially never litigate to recover mistakenly paid funds. There's no telling what a rando little co Will do. There's basically no support for a reliance argument in this case.

(http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34062632)