401k and Federal Taxes witholding issues

[jdjhudson500]

What is the name of your state? Arkansas

I reside in Arkansas, but work for a company based out of Wisconsin. Here are the two questions I have:

1.) I have noticed on my 2006 statements for my 401k that only the 2nd quarter had money paid into my account. My checkstubs and amount (we stopped receiving stubs in the 2nd quarter so I have no way of verifying) of my checks still reflect that the 401K is still be withheld from my check, but not being placed into the 401K account. Several of us have addressed the issue with the CEO of the company and were told that the issue would be resolved by year end. When my account did not reflect this, I and others, have contacted him and have been given the 'run around'. We've been told that the place won't return his calls, he doesn't know what's going on, he's stil working on it....What action should I take now seeing that I'm still employeed there and really like my job?

2.) Our checks were paid by an offsite accounting firm. We would receive a wire for the amount of our check and 3 days later would receive the stubs with the breakdown. In the end of the 2nd quarter, we stopped using this accounting firm. We still would receive our wire (directly from our office bank now instead of the accounting firm) for the same amount, but no stubs. I know the employeer is not required to give out stubs. I asked our Office controller to send a copy of my stubs and she informed me that she was not handling payroll and didn't know who was. She his since quit. I asked the temporary accountant in the 4th quarter for the same thing. He said that he was not doing payroll and didn't know who was. In an email, the CEO said that the 401K and TAX issue would be resolved by year end. I can only imagine that he has not been paying our taxes if he couldn't pay my 401K amount of $100 per check. If he has not paid taxes or not reported them correctly, what does that mean to me when I go to file taxes? Also, what action should I take seeing I'm still an employee.

Thanks for your advice.
JD

[abezon]

The tax code requires your employer to provide you with a pay stub every pay period. Either your employer is using payroll money to run the business or the payroll subcontractor is screwing up. Either way, file a complaint with the Wisconsin state employment department.

If your employer has been misdirecting funds, you still get credit for what he should have paid to the IRS & the IRS becomes his worst nightmare. You might investigate filing an ERISA complaint about the pension underfunding. Talk to a financial advisor you like for hints on how to do this. You've lost the time value of the money by it not being invested in a timely fashion. You might have a damage claim for the difference between what it should be & the principle that is presumably sitting in a payroll contractor account waiting to be deposited.