401k contributions not being made - terminate for good reason

[Norman123]

My employer has not made either my contributions or matching contributions to my 401k plan for the past 6 months. I have asked HR and while they have stated there clearly is a problem (my contributions were being made manually at some point but then that employee left the company so was not being done) and they will correct it has been 4 months and still no change even after asking multiple times. I keep getting told their working on it. My question is, if I have an employment agreement, would this give me the right to terminate for good reason? I have a non compete in my agreement which is my concern if I terminate myself for this reason. Advice? Thanks

 

[xylene]

Have your contract / employment agreement / non-compete reviewed by a lawyer.

You have not mentioend your STATE which is highly relevant to the laws / court cases potentially involved

 

[Just Blue]

My employer has not made either my contributions or matching contributions to my 401k plan for the past 6 months. I have asked HR and while they have stated there clearly is a problem (my contributions were being made manually at some point but then that employee left the company so was not being done) and they will correct it has been 4 months and still no change even after asking multiple times. I keep getting told their working on it. My question is, if I have an employment agreement, would this give me the right to terminate for good reason? I have a non compete in my agreement which is my concern if I terminate myself for this reason. Advice? Thanks

What state?

 

[Norman123]

What state?

MA

 

[adjusterjack]

My question is, if I have an employment agreement, would this give me the right to terminate for good reason? I have a non compete in my agreement which is my concern if I terminate myself for this reason.

Are you asking with regard to unemployment compensation or invalidating the non-compete? Something else?

 

[cbg]

When you called your 401(k) administrator and asked for their assistance, what did they say?

 

[Norman123]

They were the ones that told me that historically they had been done manually and then offered to work with HR. Since then I have not reached back out to them, only HR, as they said they would resolve as plan organizers?

 

[Norman123]

They said all they needed was a spreadsheet showing the missed payments and they would add, that was 4 months ago and HR still not go it to them!

 

[cbg]

I'd check back with them again.

 

[zddoodah]

if I have an employment agreement, would this give me the right to terminate for good reason?

Terminate what? You are (like everyone else in the U.S.) free to quit your job at any time and for any reason. Obviously, since we haven't read your employment agreement, we cannot know what consequences might result from quitting.

I have a non compete in my agreement which is my concern if I terminate myself for this reason. Advice?

Ok...Massachusetts apparently enacted a new law a couple years ago that limits the enforceability of non-compete language in employment contracts. I suggest you review the law and the language in your agreement and come back with specific questions.

 

[Norman123]

Are you asking with regard to unemployment compensation or invalidating the non-compete? Something else?

invalidating the non compete as i would terminated due to good reason

 

[PayrollHRGuy]

invalidating the non compete as i would terminated due to good reason

If I'm reading what you just wrote correctly, which would actually surprise me, you seem to think that being terminated for cause would invalidate the non-compete. I've never seen a non-compete that would be invalidated for that.

 

[zddoodah]

invalidating the non compete as i would terminated due to good reason

Does the contract say that the non-compete portion isn't enforceable if you have a "good reason" for quitting?

 

[Norman123]

If I'm reading what you just wrote correctly, which would actually surprise me, you seem to think that being terminated for cause would invalidate the non-compete. I've never seen a non-compete that would be invalidated for that.

I would quit for cause, not fired

 

[cbg]

Okay. Let's try this again.

Does your non-compete say that if you quit for "good reason" that the non-compete is void?