Termination of profit sharing

[mclahner]

What is the name of your state? MN
A previous employer is withholding a profit sharing check from a terminated plan wanting the check signed over to him saying money is owed to him when employed there over 11 years ago. No contact has been made from him in over 11 years about the alleged debt.

 

[cbg]

And your question is?

 

[mclahner]

Can he legally hold the check from a terminated profit sharing plan in which was fully vested

 

[mclahner]

I guess I was not real clear as to what my question was. Is it legal for a past employer to ask you to sign over your profit sharing check to him and then hold it after sending out everyone elses because he believes there is an alleged debt to him that has never been brought up in over 11 years. We have lived in the same area after leaving employment with this company over 11 years ago.

 

[Beth3]

It is highly unlikely that the company owner can refuse to give the employee his/her profit sharing check. Among other reasons, I expect the statute of limitations to collect on the alleged debt tolled some years ago. If the owner won't release the check, then the employee should speak to an attorney.

 

[mclahner]

A registered letter has been sent to the past employer requesting the check be sent out. The letter also stated that the check will NOT be signed over to him for this alleged debt. Yes, the staute of limitations in our state is 6 years and nothing has been brought up in over 11 years. The man is evil and I am sure he will not surrender the check without a fight.