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  • Legal question and advice needed, employer related.

    My brother called me pissed because his employer (small business) is withholding 3% of his check into a "savings account". He gets the money at the end of the year.

    He signed up for it last year, but advised them he wants to opt out of it this year. They told him that he could not...Can they legally do this? He'd rather get that 3% and invest it himself. The "savings account" they have doesnt accure/gain any money so its obvious they are making interest off his money.

    Any links online that he can print showing they cant do such a thing without his permission? Im not an expert on this subject, but I thought the only thing they can take out is for taxes, child support and garnished wages.

  • #2
    Originally posted by A_A_G View Post
    My brother called me pissed because his employer (small business) is withholding 3% of his check into a "savings account". He gets the money at the end of the year.

    He signed up for it last year, but advised them he wants to opt out of it this year. They told him that he could not...Can they legally do this? He'd rather get that 3% and invest it himself. The "savings account" they have doesnt accure/gain any money so its obvious they are making interest off his money.

    Any links online that he can print showing they cant do such a thing without his permission? Im not an expert on this subject, but I thought the only thing they can take out is for taxes, child support and garnished wages.
    Is it a city job? Same thing happened to me when I was a lifeguard for the city in high school.

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    • #3
      I've never heard of not being able to opt out of something like that. Sounds like bullshit to me.

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      • #4
        Originally posted by Taylor View Post
        Is it a city job? Same thing happened to me when I was a lifeguard for the city in high school.
        No, he repairs damaged cars at an idependent body shop.

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        • #5
          Originally posted by talisman View Post
          I've never heard of not being able to opt out of something like that. Sounds like bullshit to me.
          Thats what I told him...Any idea if there is something he can show them stating this?

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          • #6
            Fuck that noise. Do not fuck with my money.
            Vortex rear stand $75
            8.8 410s. $50

            **SKAGG NASTY**
            My goal in life is to not arrive at the grave in a well preserved body.
            but rather to skid in sideways, totally worn out, shouting "holy shit!!!.. what a ride!"

            1990 Foxbody GT for that ass
            11 4 door
            13 FX2 White 5.0

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            • #7
              He may only be allowed to make changes when the enrollment period comes around.

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              • #8
                Originally posted by Treasure Chest View Post
                He may only be allowed to make changes when the enrollment period comes around.
                The enrollment period just came around last month for this year and he didnt fill out the form because it didnt give an option to decline.

                He just got his first check and they took out the 3%

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                • #9
                  Originally posted by A_A_G View Post
                  The enrollment period just came around last month for this year and he didnt fill out the form because it didnt give an option to decline.

                  He just got his first check and they took out the 3%
                  That sucks. Really, he should have asked his HR dept at that time, rather than assuming that he wouldn't be enrolled if he didn't re-up. He can keep pushing the issue, but he may wind up locked in until next enrollment.

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                  • #10
                    Tell him to Call EEOC 817-392-7525 they should be able to let him know if it is legal or not.

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