Susan Lynn Meter’s Answers

Susan Lynn Meter

San Diego Litigation Lawyer.

Contributor Level 7
  1. My 401k is at 0!!??

    Answered 11 months ago.

    1. Susan Lynn Meter
    2. John Noah Kitta
    3. Adam Kielich
    3 lawyer answers

    It's possible your employer changed providers. That is, changed to a new investment or third party administrator. You have the right to ask about it. Send a request to your office human resources. If you don't get a response then you should call an attorney.

    6 lawyers agreed with this answer

  2. I was misclassified as independent contractor.I have a settlement agreement and I would like an attorney to check it out.

    Answered 9 months ago.

    1. Michael Robert Kirschbaum
    2. Susan Lynn Meter
    3. Jonathan Aaron Weinman
    4. Patrick John Phillips
    5. Kristine S Karila
    6. ···
    7 lawyer answers

    You probably need an employment attorney and a tax attorney. You will want to have that attorney make sure that you are not signing away any rights to any other benefits that you may have been entitled to that you did not get because of the misclassification. Did they consider any retirement plan eligibility that you may have gotten had you been properly classified? Misclassifying you so that you were not eligible may be worth a significant amount of money. You will want the attorney to look...

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  3. Do I need to state the amount of damages in my complaint?

    Answered 5 months ago.

    1. Susan Lynn Meter
    2. Brad S Kane
    3. A Melissa Johnson
    4. Kristine S Karila
    5. Kyle Alexander Oscar Dominguez
    5 lawyer answers

    No, you don't have to state the amount of damages. You should say " the amount to be determined at the time of trial." In addition, if you are filing this in court (not small claims court), you should state that it is at least in excess of the jurisdictional requirements. For example, you can say "As a direct and proximate result of _________[insert act], Plaintiff has been damaged in an amount to be determined at the time of trial and in excess of the jurisdictional requirements." The...

    5 lawyers agreed with this answer

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  4. Employer (law firm) files Chp 11 after failing to invest employee and employer 401k monies - what recourse for employees?

    Answered about 1 year ago.

    1. Susan Lynn Meter
    2. Francis Rowland Pabst
    3. Adam Kielich
    3 lawyer answers

    If they took the money out of the paychecks but did not put them in the trust within the time frame required by the IRS then you have a claim. You need to call an attorney and give more details and let the attorney ask the questions necessary for this type of claim. You need an ERISA attorney to assist you.

    5 lawyers agreed with this answer

  5. Is it illegal for an employer to ask an employee (age 62) when she plans to retire and to move/terminate her?

    Answered 4 months ago.

    1. Susan Lynn Meter
    2. Nicholas Basil Spirtos
    3. Kristine S Karila
    4. Robert Andrew Kerr
    4 lawyer answers

    Possibly. More facts are need to determine if you have a case but generally a company cannot terminate to avoid retiremt benefits of you're in a protected class (age). You should have an attorney review the facts to see if you have a case.

    4 lawyers agreed with this answer

  6. I have a small company that's not making any money, that my friend wants to take over. How do I sell him the company?

    Answered about 1 year ago.

    1. Sagar P. Parikh
    2. Susan Lynn Meter
    3. Dana Howard Shultz
    4. Richard L. Huffman Jr.
    4 lawyer answers

    I agree. You have the option of having him buy the shares or buy the assets, or both. There are a lot of things to consider which all depend on what type of business it is. You should talk to an attorney about the details and make sure you put everything in writing.

    4 lawyers agreed with this answer

  7. I was fully vested in my 401k when I left my previous company, but now the 401k statements say I am not vested. What do I do?

    Answered 4 months ago.

    1. Susan Lynn Meter
    2. Abraham P Mathew
    3. Mark M. Mikhaiel
    3 lawyer answers

    If you were truly vested then this is not legal. You should first contact the company and let them know what has happened. They should be able to fix the error. If they do not help you,then you can contact the department of labor to get assistance in resolving the issue. Go to the EBSA website. It is very user friendly and they provide great assistance to participants. Best of luck.

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  8. Can the ERISA pension payments from the QDRO from my divorce have an end date??

    Answered 5 months ago.

    1. Susan Lynn Meter
    2. Gregory Paul Benton
    3. Adam Kielich
    3 lawyer answers

    This is an interesting question. I would need more information to provide an answer but it sounds like you may have filed an interim order and you may need a subsequent order to continue receiving the benefit for life. Typically you receive the benefit for life, not just for one year. What does your divorce decree say about your community interest in the benefit? Its possible you may need an amended QDRO. You should consult an attorney to review your situation.

    3 lawyers agreed with this answer

  9. I have worked for a company for 14 years and just started a 401k , now the company say's I have to be enrolled for 5 years ?

    Answered 8 months ago.

    1. Susan Lynn Meter
    2. Adam Kielich
    2 lawyer answers

    As a new plan, they can choose not to count years of service prior to the inception of the plan, which would mean that you need to complete 5 years before you are fully vested. However, the schedule you put up top is a 4 year vesting schedule. Your 401(k) deferrals are ALWAYS 100% vested. Only the matching contributions will be subject to the vesting schedule. I think your final sentence is right, if I'm reading it correctly. You are 100% vested in YOUR 401(k) deferrals, but company...

    3 lawyers agreed with this answer

  10. Payroll accounting manipulation, both pay check and pension are affected?

    Answered 12 months ago.

    1. Daniel Michael Holzman
    2. Neil Pedersen
    3. Susan Lynn Meter
    4. Adam Kielich
    5. Kristine S Karila
    5 lawyer answers

    I agree with the answer below but will add that with regard to the pension part of your question the plan document for the plan determines how hours of work are counted for purposes of making the contribution. Your summary plan description may give this information, but if it does not, you have the right to request a copy of the plan document. If they refuse to give it to you then you have a claim for failure to provide requested documents. There is a per day penalty for each day they fail to...

    3 lawyers agreed with this answer