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Abogado3044
Abogado3044, Abogado ejerciente
Categoría: General
Clientes satisfechos: 6076
Experiencia:  ABOGADO ICA BURGOS
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Actually, Im still pursuing my original issue and have asked

Pregunta del cliente

Actually, I'm still pursuing my original issue and have asked a California employment attorney to represent me while we attempt to negotiate an agreement (I now live in New Mexico). This April I'll also be talking with the IRS about how much my ex-employer's error would cost them if they "corrected" it with the IRS.

I may need an IRS attorney, since it's IRS law that's in question here. BUT let me focus on the simple details for you:

The 401(k) was started at my request after the employer stopped making monthly contributions to my pension.

Because they disaffiliated from the international labor union, they could no longer make contributions to their pension fund.

The 401(k) was established in April 2008, just a month after I returned home from a month of in-patient rehab after my stroke. I was unable to return to work for about a year and continued rehab on an out-patient basis.

I then returned to work at a much reduced workload and salary. But I was NEVER told that the 401(k) had been established.

The employer tells me that their plan provider sent the required notice to my WORK email in April 2008, while I was on unpaid leave. I did NOT in any way consent to receiving email at my work address while on unpaid leave.

When I RETURNED to WORK and started using my work email again, I still was NOT notified.

My questions:

(1) Were they legally required to find another pension fund for their employees when they stopped making contributions to the original fund?

(2) Is there any way it could be considered a good faith effort to notify me when they sent notice to my work email address a MONTH AFTER I was DISABLED by a stroke, and when i was on UNPAID LEAVE, and when they had NEVER asked that I consent to receive notices at my work email?

(3) And is there a possible case for discrimination since they clearly TOOK ADVANTAGE OF MY COGNITIVE DISABILITY? (The woman in charge of the 401(k) had been my nemesis long before my stroke and had originally resisted my lobbying for a fix to the sudden cessation of the monthly pension contributions.

At any rate, I'd be very pleased to receive your thoughts, given this bare-bones data. your response will help guide me as I decide how far to pursue this.

I've been ill and on the road since your original response, but I finally have the strength to address this again.

Thank you so much for your time and advice!

JD Reece
Enviada: hace 6 año.
Categoría: General
Experto:  Abogado3044 escribió hace 6 año.

Please contact customer service, you are at the spanish site.

Its not good foy you, anybody can answer you here.

Sorry and best regards