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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
impressive heaven mediation
  08/24/17
My understanding is that you're generally not allowed to kee...
iridescent market giraffe
  08/24/17
so you're saying monopoly lied to me? http://www.blackent...
white up-to-no-good library
  08/24/17
Nope. He just didn't get caught.
Wonderful carmine stead place of business
  08/24/17
cr http://www.xoxohth.com/thread.php?thread_id=3710728&am...
bat-shit-crazy glittery theater stage ratface
  08/24/17
not sure but sounds like youre prob fucked and should give t...
Charcoal Useless Brakes Background Story
  08/24/17
It's unvested money you're not entitled to and have no claim...
Talented aggressive whorehouse boltzmann
  08/24/17
(chink bootlicker)
bat-shit-crazy glittery theater stage ratface
  08/24/17
Ljl at lawyercucks. Dont respond.
Nofapping big address
  08/24/17
...
Razzle location
  08/24/17
...
Ocher mewling preventive strike corn cake
  08/24/17
...
bat-shit-crazy glittery theater stage ratface
  08/24/17
fuck them. make them litigate it. claim reliance. it'll cost...
bat-shit-crazy glittery theater stage ratface
  08/24/17
Exactly. Plus its easy to avoid service. LOL at pussy ass la...
Nofapping big address
  08/24/17
...
bat-shit-crazy glittery theater stage ratface
  08/24/17
Sorry i'm a stem dood and i don't know what this means. coul...
impressive heaven mediation
  08/24/17
Make them take you to court over it, dont acknowledge receip...
Nofapping big address
  08/24/17
...
lime zippy locus
  08/24/17
...
bat-shit-crazy glittery theater stage ratface
  08/24/17
Would they take me to court over it? There's probably some t...
impressive heaven mediation
  08/24/17
$8k might or might not be below a threshold where they would...
bat-shit-crazy glittery theater stage ratface
  08/24/17
Cr
Nofapping big address
  08/24/17
cr. grow a beard too
painfully honest curious goyim filthpig
  08/24/17
why shouldn't GC making an $8k mistake cost GC $8k?
bat-shit-crazy glittery theater stage ratface
  08/24/17
...
Nofapping big address
  08/24/17
...
pungent orchid house
  08/24/17
...
Swashbuckling faggot firefighter temple
  08/24/17
unvested 401k match>>> that's the long and short...
charismatic anal queen of the night
  08/24/17
Exactly. If you're giving it back, don't write them a check...
mind-boggling indian lodge
  08/24/17
LJL at them actually litigating over 8k. That's a rounding e...
self-centered very tactful lodge
  08/24/17
Is this legal advice?
provocative potus water buffalo
  08/24/17
Agreed, assuming there is no fine print in your retirement p...
Balding center rigpig
  08/24/17
...
blue bawdyhouse sex offender
  08/24/17
ignore
Ruddy new version resort
  08/24/17
Odd flame, but I read all the way here. Nicely done xo.
stirring cyan antidepressant drug wagecucks
  08/24/17
Definitely not yours to keep, but you probably can anyway. L...
Mischievous chad
  08/24/17


Poast new message in this thread



Reply Favorite

Date: August 24th, 2017 1:48 AM
Author: impressive heaven mediation
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: iridescent market giraffe

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: white up-to-no-good library

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: Wonderful carmine stead place of business

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: bat-shit-crazy glittery theater stage ratface

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: Charcoal Useless Brakes Background Story

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 aggressive whorehouse boltzmann

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: bat-shit-crazy glittery theater stage ratface

(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: Nofapping big address

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: Razzle location



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



Reply Favorite

Date: August 24th, 2017 1:58 PM
Author: Ocher mewling preventive strike corn cake



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



Reply Favorite

Date: August 24th, 2017 1:58 PM
Author: bat-shit-crazy glittery theater stage ratface



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



Reply Favorite

Date: August 24th, 2017 1:56 PM
Author: bat-shit-crazy glittery theater stage ratface

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: Nofapping big address

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: bat-shit-crazy glittery theater stage ratface



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



Reply Favorite

Date: August 24th, 2017 3:23 PM
Author: impressive heaven mediation

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: Nofapping big address

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: lime zippy locus



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



Reply Favorite

Date: August 24th, 2017 3:36 PM
Author: bat-shit-crazy glittery theater stage ratface



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



Reply Favorite

Date: August 24th, 2017 3:39 PM
Author: impressive heaven mediation

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: bat-shit-crazy glittery theater stage ratface

$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: Nofapping big address

Cr

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



Reply Favorite

Date: August 24th, 2017 3:50 PM
Author: painfully honest curious goyim filthpig

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: bat-shit-crazy glittery theater stage ratface

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: Nofapping big address



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



Reply Favorite

Date: August 24th, 2017 4:30 PM
Author: pungent orchid house



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



Reply Favorite

Date: August 24th, 2017 1:59 PM
Author: Swashbuckling faggot firefighter temple



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



Reply Favorite

Date: August 24th, 2017 1:59 PM
Author: charismatic anal queen of the night

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: mind-boggling indian lodge

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: self-centered very tactful lodge

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: provocative potus water buffalo

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: Balding center rigpig

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: blue bawdyhouse sex offender



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



Reply Favorite

Date: August 24th, 2017 5:18 PM
Author: Ruddy new version resort

ignore

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



Reply Favorite

Date: August 24th, 2017 8:12 PM
Author: stirring cyan antidepressant drug wagecucks

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: Mischievous chad

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)