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not paying 401K, expense checks, PTO Illinois

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  • not paying 401K, expense checks, PTO Illinois

    The company I work for has not paid my contribution to my 401K since march ($1500), has not paid my dependent flex plan since march ($500), 6 weeks behind in expense checks($1200) and as of today, this company no longer exists. A new company showed up yesterday to take over our contract. I also had 100 hours of PTO banked. If we sign with the new company they will give us 40 hours, but are not responsible for any other debts. If we do not sign we are SOL. From what i have gathered, the new company did not buy the old company it is just taking over the contracts as the old company is out of money and can no longer do business. What are my options for getting these items paid? Thanks for any help..

  • #2
    File a complaint with the DOL for the contributions. That is an ERISA violation.

    The expense checks are not covered by law and are up to company policy unless you had an actual contract guaranteeing payment. As the company no longer exists, you would need a lawyer to help you recover from the appropriate parties.

    If a new company is coming in, then they don't have to offer the same PTO at all.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Just an update on this situation.... We have also lost our health insurance due to non payment, even though we have been paying our part of the premiums. What are the options, can we re-coup our portion of the premiums? No claims will be paid after July 1. I also fear our federal and state withholding taxes have not been paid. Will we be responsible for the taxes? Should we get a lawyer or let the DOL handle it, and will they handle 401K, dependent care, health benefits and taxes? thanks for your help...


      • #4
        As far as the health insurance goes, IF the new company does not pick up the slack with their insurance, you can report that to the DOL as well.

        The DOL will handle the 401k and the health insurance. The rest does not fall under their jurisdiction.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.