Can I sue a company for never offering 401k?

Asked over 1 year ago - Springfield, MO

I have been working for a company for five years and never knew or was offered 401k until recently When i read the information, it was supposed to be offered after the first year.

Attorney answers (1)

  1. John Joseph Westerhaus

    Contributor Level 13

    Answered . Yes, you can sue. No, you won't win.

    Employers aren't REQUIRED to offer 401k benefits to ANY employee at all. Moreover, even if they offer it, it might be opt-in -- meaning, you have to enroll in the program. There's nothing illegal about this. It might have even been laid out in the employee handbook (where you got the "information" you say led you to ask this question).

    Also, from a pragmatic perspective, litigation is always expensive, and suing your employer as a first-strike option is a particularly bad idea in most circumstances. There's lots of intermediate steps (including, say, talking to HR or your boss?) that don't even require a lawyer, and some steps in between that COULD involve a lawyer but don't involve litigation. Frankly, there's also perceptual and interpersonal problems that you could create by suing your employer that may not, on balance, be worth the expected gains. (here, possibly $0).

    I'd advise you if you're serious about this to call a MO employment lawyer who offers a free consultation and talk to them; they might have different advice for you than I do, but I suspect they'll tell you the same thing.

    Good luck, though.

    Answers to legal questions are usually fact-dependent; my answers are general and based on the facts as you... more

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