Does anyone have any legal advice?

Question

The company I used to work for told me I was vested in my retirement 100% (and I had worked there 3 yrs. to have that) when I turned in my resignation. Well now 1 year later I tried to transfer my funds and the people over the company now say my contract said I have to be there 5 yrs and I did not even work a complete 3 yrs. (28 days short). Well, the papers from TransAmerica show 100% all the way down to March 2007 and now all of a sudden the company has had it changed to 0%. I was told and TransAmerica said they had to be told I was vested 100% for them to put that. Can they change it without notifying me and did they do anything legally wrong. There has been other rumors about this whole situation and I am interested if I can fight this. Any opinions. If I did not give information you need, ask and I will update. Thanks!!

They are telling me my document plan prevails but I think they have tampered with my file but I have never seen this paper they are showing me. They said TransAmerica made a "human error" on their side and the document plan prevails. I am trying to find what was given to me when I signed up. Hopefully I can find it.

It is only about 3300 dollars but I know a lawyer just starting out that may work with me. I just want what is mine!

Answer 1

NO they can't change that without notice and if you file a law suit then you can get that 100% rating back. If you were given the 100% rating in an official notice then that is it. They can't grandfather that away from you and the claim that you were 28 days short of 3 years is invalid because you were previously awarded the 10% rating. The problem is finding a lawyer who will take the case. I don't know how much is at stake and if it is worth a law suit. I mean how much money are you talking about and will anything be left after the lawyers get done?

I do know that the company wants you to go away and are likely to settle out of court.

The question is how good is your documentation? If you have documents that show you were invested 100% prior to or after your resignation then those are the valid ones and will be the base for your claim.

Legally they robbed you of your benefits. Just because it was done with a corporation doesn't make it something that isn't simple theft. It is theft through bureaucracy; which isn't a legal term. However, it is likely that you are going to have to seek civil action instead of file a criminal suit.

Sites for Free legal advice in the US:
http://www.google.com/search?sourceid=navclient&aq=t&ie=UTF-8&rls=GGLR,GGLR:2006-49,GGLR:en&q=Free+Legal+advice
http://www.lawhelp.org/
http://www.freeadvice.com/all_topics.htm
http://www.lawinfo.com/
http://www.lsc.gov/about/grantee_links.php
http://www.thelaw.com/
http://www.flac.ie/
http://www.legalsurvival.com/

Answer 2

What does your employee manual and plan say? When you signed up for the plan what did the contract say?

Very few companies would vest you 100% after only 3 years.

If you have statements saying that you were 100% vested, I would contact an attorney.

Answer 3

I have great legal advise for you:

Talk to a Lawyer, ASAP.

sounds to me like you are being hosed, one way or another.

However, I believe a five year vesting period is more common than shorter periods. Though if you have statements from your 401K showing full vestment, I believe you have some legal grounds for action.

This is just advise from a layman, I am not an attorney, nor have I played one on TV or movies.

Doc

Answer 4

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