Archived
How to respond to a Demand Letter for wage overpayment from a former employer who also failed to provide me with COBRA election
Daniel's answer
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Answered on July 14, 2016
It sounds like your former employer's "administrative error" was its failure to notify you that your employment terminated last February. Courts...
Archived
How to a go back and get 403b earnings from ex spouse
Daniel's answer
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Answered on July 06, 2016
Was your ex-spouse participating in the 403(b) plan when the settlement agreement was signed? How and when did you discover the 403(b) plan? You...
Archived
Do I have a case?
Daniel's answer
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Answered on July 04, 2016
Are you working part time at less than 30 hours per week? If so, you may not be covered even if your employer is large enough to be subject to the...
Archived
Can I sue the NFL Players Association (NFLPA) for the right to access my 401k being that I am no longer a Union member?
Daniel's answer
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Answered on June 22, 2016
In this case your union status may be irrelevant. Read the 401(k) summary plan description to find out when you are allowed to take out a loan....
Archived
Does my employer have to give me the forms for Cobra Insurance? If not, where do I get it?
Daniel's answer
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Answered on June 21, 2016
If you incurred a "qualifying event" then your employer should provide you with the COBRA papers. This assumes, of course, that your employer is...
Archived
What happens to Unvested Restricted Stock Awards if I have a judgement against me?
Daniel's answer
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Answered on June 20, 2016
Check your stock grant agreement for a nonalienation provision. Also grants subject to forfeiture would have relatively little value to a judgment...
Archived
My employer cut my hours after I told him I deserved health benefits and paid time off. Is that legal?
Daniel's answer
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Answered on May 16, 2016
Is your employer subject to that mandatory coverage requirements under the Affordable Care Act? If it is a large employer subject to the Act's...
Archived
Can a company withhold pension if he doesn't sign waiver and can he sign away his families rights in the event of his death?
Daniel's answer
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Answered on May 15, 2016
Your receipt of pension benefits cannot be conditioned upon execution of a general release of your employer from liability. You are entitled to...
Can I legally sue the beneficiary for the 401k since she stated in her Will that I am to get all three of the 401k plans?
Daniel's answer
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Answered on May 14, 2016
A Will does not determine the beneficiary of pension proceeds. A completed and signed designation of beneficiary form on file with the plan...
Archived
Can I find my dead brothers 401k plan.He worked for WM(waste management)I came to thinking what happened to it.He only has us.
Daniel's answer
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Answered on May 14, 2016
Has the 401(k) plan administrator been notified of your brother's death? If a probate estate was opened the estate administrator or executor should...
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