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etonrifle

Hi
I recently quit my job for a number of reasons, the main reason being that the company is in major financial trouble and was unable to make the full payroll. I did manage to get my check cashed but that left me wondering about the next pay day as some people were told to hold their checks as they would bounce if they tried to deposit them.
Then I discovered that the company had been deducting money from my check for my 401k and not depositing the money in my account (The company was not contributing to the 401k), No money has been put in the account for a month now and before it was going in every two weeks regularly.
So I quit and figured I could look for another job rather than working as a volunteer.
So my question is can I claim unemployment? and what can I do about the 401k issue as that is theft?
I am in North Carolina
Thanks

UC Help Center · Posted: Wed May 23, 2007 12:41 pm Post subject:

Not being paid in a timely fashion (or in your case, not receiving the withholdings from your 401k) is a valid reason to quit. However, you will need to give your employer an opportunity to correct the problem. You need to say:

"Unless you do ____, I intend to resign." Then allow your employer time to respond and correct. If your employer fixes the problem, then you have no compelling reason to leave.

i hope this helps, please feel free to post follow up questions should you need.

lexa10881 · Posted: Mon Jun 18, 2007 4:19 am Post subject:

I think you could pursue the matter concerning the 401k as theft, in a legal battle. But if the company is having money issues then you might not get much of that back, and lawyer fees can be exorbitant. Consider that but don't do it until you take ALL into consideration.

Unemployment varies per state.I think that since you quit, you are ineligible. CHeck with your local government offices, hopefully I am wrong.

http://www.cvtips.com/getting_your_compensation_when_unemployed.html

dorothea · Expert Joined: 01 Feb 2007 Posts: 123 Career Advice: +1/-0

Why start a legal battle right now when he really has the chance of making things in a right way. The "noise" of a legal battle does not give you many advantages, especially in front of a prospective employer. So do first what UCHelper said, approach the boss from that point of view, and later on, if things are not corrected, act as required.

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