How to I go about getting my profit sharing from former employer?

UPDATED: Oct 1, 2022

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How to I go about getting my profit sharing from former employer?

I quit my job about 7 months ago and had a profit sharing plan. I am sure I was 100% vested at the time I quit. I have very little paperwork on the actual amount, however I do know the company that handles the plan. I’ve tried to talk to my former employer and the company that handles the plan with little to no information on how to obtain the money. They both have continually told me to wait and I think they are just trying to stall me until its too late.

Asked on June 4, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to get the money if they won't pay it voluntarily is to sue and prove in court that you are entitled to it. You would sue both the former employer and the company administering the plan, to make sure you name all parties who may be responsible for paying you, and so potentially liable to pay. 

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