The company I used to work for did not match my 401k like promised. Can I take leagal action to get the match promised?

The company was supose to match 5% last June of 08. They still have not, and when I call them on this matter they always say next month. There last excuse was they had to wait until after they file there taxes, well that was 2 months ago and still nothing. It has been a year now and still no match, Is there any legal action I can take to get the match promised to me.