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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
Flickering Market
  08/24/17
My understanding is that you're generally not allowed to kee...
exciting house lettuce
  08/24/17
so you're saying monopoly lied to me? http://www.blackent...
Contagious Heaven Marketing Idea
  08/24/17
Nope. He just didn't get caught.
razzmatazz sepia university idea he suggested
  08/24/17
cr http://www.xoxohth.com/thread.php?thread_id=3710728&am...
green talented den main people
  08/24/17
not sure but sounds like youre prob fucked and should give t...
Chest-beating boiling water clown
  08/24/17
It's unvested money you're not entitled to and have no claim...
Histrionic bossy stead
  08/24/17
(chink bootlicker)
green talented den main people
  08/24/17
Ljl at lawyercucks. Dont respond.
Flirting Dashing Hall Coffee Pot
  08/24/17
...
jet-lagged ebony gas station
  08/24/17
...
Provocative cuckoldry affirmative action
  08/24/17
...
green talented den main people
  08/24/17
fuck them. make them litigate it. claim reliance. it'll cost...
green talented den main people
  08/24/17
Exactly. Plus its easy to avoid service. LOL at pussy ass la...
Flirting Dashing Hall Coffee Pot
  08/24/17
...
green talented den main people
  08/24/17
Sorry i'm a stem dood and i don't know what this means. coul...
Flickering Market
  08/24/17
Make them take you to court over it, dont acknowledge receip...
Flirting Dashing Hall Coffee Pot
  08/24/17
...
clear fiercely-loyal pisswyrm
  08/24/17
...
green talented den main people
  08/24/17
Would they take me to court over it? There's probably some t...
Flickering Market
  08/24/17
$8k might or might not be below a threshold where they would...
green talented den main people
  08/24/17
Cr
Flirting Dashing Hall Coffee Pot
  08/24/17
cr. grow a beard too
blathering nowag
  08/24/17
why shouldn't GC making an $8k mistake cost GC $8k?
green talented den main people
  08/24/17
...
Flirting Dashing Hall Coffee Pot
  08/24/17
...
violent lay windowlicker
  08/24/17
...
lavender judgmental property
  08/24/17
unvested 401k match>>> that's the long and short...
pearl church building
  08/24/17
Exactly. If you're giving it back, don't write them a check...
Shaky Principal's Office Gaping
  08/24/17
LJL at them actually litigating over 8k. That's a rounding e...
Concupiscible Home
  08/24/17
Is this legal advice?
stubborn low-t idiot
  08/24/17
Agreed, assuming there is no fine print in your retirement p...
hilarious circlehead
  08/24/17
...
Wild galvanic institution halford
  08/24/17
ignore
scarlet pit codepig
  08/24/17
Odd flame, but I read all the way here. Nicely done xo.
Angry Sadistic Location
  08/24/17
Definitely not yours to keep, but you probably can anyway. L...
Nubile thriller party of the first part abode
  08/24/17


Poast new message in this thread



Reply Favorite

Date: August 24th, 2017 1:48 AM
Author: Flickering Market
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: exciting house lettuce

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: Contagious Heaven Marketing Idea

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: razzmatazz sepia university idea he suggested

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: green talented den main people

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: Chest-beating boiling water clown

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: Histrionic bossy stead

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: green talented den main people

(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: Flirting Dashing Hall Coffee Pot

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: jet-lagged ebony gas station



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



Reply Favorite

Date: August 24th, 2017 1:58 PM
Author: Provocative cuckoldry affirmative action



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



Reply Favorite

Date: August 24th, 2017 1:58 PM
Author: green talented den main people



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



Reply Favorite

Date: August 24th, 2017 1:56 PM
Author: green talented den main people

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: Flirting Dashing Hall Coffee Pot

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: green talented den main people



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



Reply Favorite

Date: August 24th, 2017 3:23 PM
Author: Flickering Market

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: Flirting Dashing Hall Coffee Pot

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: clear fiercely-loyal pisswyrm



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



Reply Favorite

Date: August 24th, 2017 3:36 PM
Author: green talented den main people



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



Reply Favorite

Date: August 24th, 2017 3:39 PM
Author: Flickering Market

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: green talented den main people

$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: Flirting Dashing Hall Coffee Pot

Cr

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



Reply Favorite

Date: August 24th, 2017 3:50 PM
Author: blathering nowag

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: green talented den main people

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: Flirting Dashing Hall Coffee Pot



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



Reply Favorite

Date: August 24th, 2017 4:30 PM
Author: violent lay windowlicker



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



Reply Favorite

Date: August 24th, 2017 1:59 PM
Author: lavender judgmental property



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



Reply Favorite

Date: August 24th, 2017 1:59 PM
Author: pearl church building

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: Shaky Principal's Office Gaping

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: Concupiscible Home

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: stubborn low-t idiot

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: hilarious circlehead

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: Wild galvanic institution halford



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



Reply Favorite

Date: August 24th, 2017 5:18 PM
Author: scarlet pit codepig

ignore

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



Reply Favorite

Date: August 24th, 2017 8:12 PM
Author: Angry Sadistic Location

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: Nubile thriller party of the first part abode

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)