401K deposits?

[JulieShivers]

My former employer was deducting my 6% allottment for 401K however for 9 months, the funds were not deposited in my account. When he decided to do lay offs, only then did he deposit the funds. I posted about this issue on another forum without any identifying information and he saw the post. He is now accusing me of slander.

By the way, he wasn't depositing into about 80% of his workforces accounts, either. It wasn't just me.

 

[cbg]

And what is your question for us?

 

[JulieShivers]

By posting on a forum without using any identifiable info, am I committing slander? and when is he actually required to deposit 401K funds into the 401K account?

 

[cbg]

(You're not committing slander on an internet board no matter what you say - slander is spoken.)

If what you say is the truth, or if you honestly and truly believe it to be true, and particularly if he is not identifiable to the general public, then no, you have not committed any kind of defamation.

401k monies are due to be deposited "as soon as reasonably possible" and I believe the 15th of the following month is the drop dead date.

 

[JulieShivers]

Wow...well, 3 quarterly reports went by with zero deposits but 401k deductions noted on every paycheck. He never listed a YTD on the paycheck, though.

 

[cbg]

Run, do not walk, to the telephone and report this to the US DOL. Failure to make 401k deposits is the sort of issue company executives go to jail for.