Employer Won&#39;t Release 401k A client of mine came today with a scenario that I had never seen. She had worked for a company for three years, held about $60K in a 401K, but four months after being laid off she hasn't been able to rollover her funds to an IRA. Since she's had trouble finding a job in software (cutbacks), she doesn't want to sue or cause legal trouble for her former employer, as it would cause a loss of money and look bad for future companies. However, $60K isn't nothing and the company's plan is expensive (no index funds; every mutual fund has a minimum of a 1.5% fee) Is it legal for a company to hold 401k money after a layoff for over four months? The administrator cannot let her transfer because they have not received any lay off notice. In her case, she doesn't want to sue for obvious reasons even though I feel she's being bullied; are there any other options she has - such as a form to submit to the administrator requesting the funds that can override the lack of a notice?
This sounds like a really bad communication issue. I would contact the company to find out what is up and inform them politely that they have been given more than a "reasonable" time to release the 401k. I would also inform them that they need to expedite the notice and offer to stay on the phone while they contact the plan administrator. If they give you any resistance or if the issue persist, I would inform them that they may be in violation of the Department of Labor ERISA guidelines and may be subject to fines by the Department of Labor. If you get any attitude, file a complaint with the Department of Labor (Federal). I would also call the plan administrator and ask them to verify employment since she has not been employed. That may go a bit further. Just as a personal comment, I have noticed with companies that are not doing the right thing because you are the little guy, is that filing complaints is easier than lawsuits. No company wants the Department of Labor on there back looking at their records or books. And normally, the governing agencies will motivate the company to do the right thing. One time I sent an email to the CEO of the company and within 48hrs my issue was solved.
It is unlikely that you could successfully sue the bank for breach of contract, but of course the first thing you should do is carefully read the agreement and see exactly what they promised. It is understandable that you would like to get your money right now, but that isn't necessarily guaranteed under the agreement. Assuming there is no statement in the agreement as to how long it will take them to deposit the reward once requested, they would have "a reasonable time period". I located on of those agreements, which says that it will be deposited 90 days after completing the requirements. If that is what your agreement says and after 90 days still no money, then you should speak to the branch manager and request timely compliance with the agreement. It would cost more than $600 to sue them, and the court won't punish them extra for missing a deadline (assuming this was not a deliberate and willful refusal on their part).
If you buy a house and your wife signs a quitclaim deed to you, that transfers to you whatever rights she has in the house. Similarly, if you and your wife sign an agreement that anything deposited in a particular bank account in your name would be your separate property, that would override the pre-nup as far as that account was concerned. Such an agreement could include a dollar limit per month or per year, or an explicit purpose, such as savings for a down payment. (It could be thought of as a gift to you of her share of any funds deposited.) Giving property to your parents or others with the understanding that it will be returned on your request might be seen as an attempt to evade the pre-nup, and a court might hold that the property was actually shared, if you ever do divorce. There might also be gift tax issues if the value is high enough. Whether asking your wife to agree to a quitclaim or any sort of agreement to modify the pre-nup would help or harm your marriage I cannot know, nor did you ask that. But I would think that for most people being open would work better than going behind a spouse's back. None of this should be taken as legal advice. I am not a lawyer.
Unfortunately, your relative is more in the wrong here First, the COVID situation does not change anyone's rights and obligations under a contract (see What effect does an event like the current Covid-19 pandemic have on contractural obligations?). So the landlord (through their agent) is obliged to provide the property and your relative is obliged to pay the rent and to occupy the premises (most residential leases contain a requirement for the tenant to live in the premises and not leave it empty). Your relative (through you) has indicated that she will be in breach of her contract. The agent has considered her position and has offered two (IMO generous) alternatives: Allow her to continue with the lease without taking possession providing the rent is paid. To release her from her obligations under the contract and return the rent. To put it in perspective, if your relative simply "walked away", she would be liable for the rent until a new tenant was found and, if that new tenant was paying less rent than she was, the difference for the duration of the lease plus the costs of finding a new tenant - advertising, agent's fees (usually 1 month's rent) etc. Now, the landlord has an obligation to minimise your costs so advertising the property could just be prudent. However, if they lease it when your relative's contract has not been properly terminated then it is they who are in breach. Surely they can't take the rent and offer to re-let the property at the same time? Surely they can. What they can't do is relet the property without properly terminating your relative's lease. Would they even be entitled to retain the deposit under these circumstances? Absolutely. The deposit is to cover their losses if your relative breaks the lease - as she has indicated she is going to do (this is called anticipatory breach). Finally, I'd rather not go down this route but is there any protection for my relative for not being forcefully 'evicted' - since she's paid the deposit, rent - and those haven't been returned? Having never taken possession, she is not being evicted.
As Tom says and these guys reiterate (I'm quoting those guys), "Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will". Montana (Dept. of Labor and Industry) also states that they are the only ones in the US like that. Montana Code 39-2-904(1)(b) states that a discharge is unlawful if "the discharge was not for good cause and the employee had completed the employer's probationary period of employment". (2)(a) then states that "During a probationary period of employment, the employment may be terminated at the will of either the employer or the employee on notice to the other for any reason or for no reason". There is a presumptive 6 month probationary period in case an employer say nothing, but it could be longer or shorter (it can be 7 years for university professors, and I don't find anything in the code preventing an employer from setting the probationary period at 50 years).
Can an employer charge employee/contractor a processing fee for payment? No. The matter depends on whether the person qualifies as employee for purposes of the British Columbia Employment Standards Act. Your description suggests that you meet criterion (b) of the definition of employee insofar as you are (i.e., if you are) "a person an employer allows, directly or indirectly, to perform work normally performed by an employee". See section 1(1) of the Act. Section 21(1) prohibits an employer to "directly or indirectly, withhold, deduct or require payment of all or part of an employee's wages for any purpose", and item (2) prohibits the employer to "require an employee to pay any of the employer's business costs except as permitted by the regulations". There is no indication that the alleged business cost of e-transfers would be one such exception. do I have any recourse for such a small amount of money that isn't worth starting a law suit over? You have the option to file a complaint in "an office of the Employment Standards Branch". See sections 74 et seq for further details. You are not specifying the amount of the e-transfer that is being deducted from your compensation. The smaller the amount(s) at issue, the more important it will be for your complaint to persuasively explain how it is not "frivolous, vexatious or trivial". See section 76(c). Directing the employer's attention to the aforementioned statutory prohibition prior to filing a complaint tends to disprove allegations of vexation. That is because you are giving the employer an opportunity to mend its conduct and avert the proceedings that otherwise would take place. That being said, a very occasional cost of few cents is very likely to lead to a conclusion of vexation or bad faith regardless of your preliminary steps. In most other contexts, though, it is in your best interest to stay aware of the obligations that are being presented/proposed to you so that your actions do not constitute an acceptance of terms &amp; conditions you would rather reject. Not all contracts come in the form of a written document signed by the parties.
Unless your lease clearly denies the possibility of prorating, the emails are binding (and yes, emails count as in writing). The landlord ought to honor the conditions outlined in the emails, and it is not your fault that the manager was ignorant about his or her employer's/landlord's policies at the time the manager computed the prorated amount. Additionally, if the lease only speaks in terms of 20-day notice, then it implies that prorating may apply. It is possible that the lease contains language in the sense of when the notice becomes "effective". If so, that would require a more detailed review of the language therein, since even in that scenario you might prevail on the basis of the doctrine of contra proferentem. Here the difficult part seems to be that you are not in the US. Because the amount at issue is not high enough, the grievance/complaint would have to be filed in Small Claims court. And, as far as I know, the parties cannot be represented by a lawyer in Small Claims court. You might have to file your grievance once you are back in the US.
Technically the signage implied an agreement, and allowed you to infer one. But yes, I think that management could not legally insist on more than the posted price, whether for a lost ticket, or for a particular duration. (Unless the sign included "prices subject to change without notice" or something of the sort.) As a practical matter, challenge this is going to be a pain. The employees on the spot probably have no authority to vary the price merely because the amount programmed into the register differs from the posted sign. At least they will claim not to have such authority. And they won't release the car without being paid the $80 that they will insist is the proper price. To challenge this, a person would probably have to pay under protest, and then sue for a refund, I would hope in a small claims court. Most people will not go to that trouble for $10, which perhaps the management counts on. Publicity might be more effective.