401K Employer not funding the Match

[bpap]

What is the name of your state (only U.S. law)? GA

In Dec 2008 I left my previous job, where the employer had a safe harbor 401K plan with matching.

The employer was holding off on funding the match until he filed his tax return, September 15th came and went. I found out that they filed their tax return but didn't fund the 401k.

What are my options in getting the money?

[cbg]

First thing on Monday, run, do not walk, to the telephone. Call the US DOL. Tell them what you just told us.