What legal action is available to me regarding a recent retailation firing?

My prior employer offered a 401K plan. Late Aug, 09 I noticed that the last 401k allotment was posted June 15, 09. Every employee who participates did not have thier amounts taken from their checks put into the account between 6-15-09 and 8-15-09 about 5 payments.

A DOL audit is in process. I asked over and over our 401K money as it is still not in our accounts. Mid Oct 09, my boss got into my face and screamed at me for asking and stirring up the pot in front of other employees.

Last week when he stated that everything is ok. He wanted to change our work hours in retailation and then I questioned in a staff meeting when the $ into our 401k Accounts. He got very upstet and said I was terminated. I said he could not fire me for that he did then said work was not up to par
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Answers (2)

Shawn B Alexander

Shawn B Alexander

Contributor Level 8
It is not clear if you are under contract, a collective bargining agreement, or "at will" . The answers will depend on your employment agreement. However the funds deducted are a different case a lawsuit for unjust enrichment, fraud,deceptive practices and more cause of action are possible you will need an employement law attorney at once to help put you at the front of the line.

Good Luck
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Susan Lee Beecher

Susan Lee Beecher

Contributor Level 5
I have a slightly different opinion from that of the first attorney. Normally, you can be fired for any reason or no reason at all, but you cannot be fired for an illegal reason. The list of illegal reasons is very short, but whistleblowing is on it and on the face of it, it seems you were fired for whistleblowing. Further, if he is taking your 401k funds withheld from your paycheck and not crediting them to your account, this is worse than unjust enrichment. You have a cause of action under federal law. I would encourage you to consult an employment law attorney.
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