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Old employer attempting to claw back 401K match after I quit. Halp
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Date: August 24th, 2017 1:48 AM Author: glittery set 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. |
Date: August 24th, 2017 6:09 AM Author: charismatic locus 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) |
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Date: August 24th, 2017 4:33 PM Author: honey-headed buck-toothed personal credit line nursing home so you're saying monopoly lied to me?
http://www.blackenterprise.com/files/2010/09/bank_error_in_your_favor.jpg |
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Date: August 24th, 2017 4:35 PM Author: amber bossy church Nope. He just didn't get caught. (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061099) |
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Date: August 24th, 2017 5:26 PM Author: Claret flirting abode cr
http://www.xoxohth.com/thread.php?thread_id=3710728&mc=1&forum_id=2 |
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Date: August 24th, 2017 6:13 AM Author: indigo supple giraffe 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) |
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Date: August 24th, 2017 1:52 PM Author: provocative hairless wagecucks 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) |
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Date: August 24th, 2017 3:37 PM Author: Claret flirting abode (chink bootlicker) (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060704) |
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Date: August 24th, 2017 1:55 PM Author: glassy aromatic therapy base Ljl at lawyercucks. Dont respond. (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059951) |
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Date: August 24th, 2017 1:57 PM Author: Zombie-like massive associate sound barrier (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059971) |
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Date: August 24th, 2017 1:58 PM Author: unholy halford (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059979) |
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Date: August 24th, 2017 1:58 PM Author: Claret flirting abode (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059985) |
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Date: August 24th, 2017 1:56 PM Author: Claret flirting abode 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) |
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Date: August 24th, 2017 1:57 PM Author: glassy aromatic therapy base 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) |
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Date: August 24th, 2017 1:57 PM Author: Claret flirting abode (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059975) |
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Date: August 24th, 2017 3:23 PM Author: glittery set 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. |
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Date: August 24th, 2017 3:33 PM Author: glassy aromatic therapy base 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) |
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Date: August 24th, 2017 3:35 PM Author: Out-of-control Bateful Box Office (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060695) |
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Date: August 24th, 2017 3:36 PM Author: Claret flirting abode (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060698) |
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Date: August 24th, 2017 3:39 PM Author: glittery set 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? |
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Date: August 24th, 2017 3:48 PM Author: Claret flirting abode $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.
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Date: August 24th, 2017 3:51 PM Author: glassy aromatic therapy base Cr (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060811) |
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Date: August 24th, 2017 3:50 PM Author: walnut sanctuary cr. grow a beard too (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060804) |
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Date: August 24th, 2017 3:37 PM Author: Claret flirting abode why shouldn't GC making an $8k mistake cost GC $8k?
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Date: August 24th, 2017 3:46 PM Author: glassy aromatic therapy base (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060777) |
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Date: August 24th, 2017 4:30 PM Author: slimy violent address juggernaut (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061068) |
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Date: August 24th, 2017 1:59 PM Author: free-loading public bath (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34059993) |
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Date: August 24th, 2017 1:59 PM Author: Nubile half-breed gay wizard 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. |
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Date: August 24th, 2017 5:18 PM Author: copper whorehouse hunting ground 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) |
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Date: August 24th, 2017 3:37 PM Author: Dun floppy church building dog poop 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) |
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Date: August 24th, 2017 4:29 PM Author: wonderful fanboi fat ankles Is this legal advice? (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061060) |
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Date: August 24th, 2017 8:45 PM Author: Anal Hell 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) |
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Date: August 24th, 2017 3:53 PM Author: Vigorous codepig (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34060840) |
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Date: August 24th, 2017 5:18 PM Author: useless psychic library ignore (http://www.autoadmit.com/thread.php?thread_id=3710332&forum_id=2#34061357) |
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Date: August 24th, 2017 8:12 PM Author: crystalline thriller national security agency 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) |
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Date: August 24th, 2017 8:50 PM Author: tripping tantric indian lodge 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) |