When I have a bad day, I have a BAD day!!

[Running Mommy]

ugh.
So this morning we get a letter in the mail telling us that my husbands employer has not been paying our insurance premiums, so we have no health insurance. GRAND! I had my yearly exam this afternoon...
And then I get to thinking... what about the 401k.
Sure enough, a call to the 401k carrier tells me that they haven't deposited my husbands funds into his account since July 3rd!! He has 164.00 deferred a week!!! That is a TON of money!
So then I get to the doctor and she finds something in my left breast and orders a mamo- stat. I had a suspect mamo last year, so she thinks something may be going on!!
Can it get any worse???!!!!
As you can prolly guess, hubbys company is going under. But IMO what they have been doing is criminal!
He also has 50.00 a week deferred for medical insurance.
The company is a corp. out of CA. Do any of the legal minds have any advice on recourse? I know we are SOL once they go BK, but anything we can do now?
Also, what do I do if something IS wrong w/the boobles and it is the big C?? How will I get those bills paid? Any aid out there I could apply for? What do people do? UGH.
My stress level is THROUGH THE ROOF right now! Freaking out!!
Heeelllllppppppp!

[Biciclista]

gee, I'm sorry to hear this. Alas, I have no idea what you can do. Insurance commissioner? State? There are laws, and it sounds like they were broken!

[Aggie_Ama]

I would try the state insurance commissioner and maybe an employment commission? In Texas I think we have hotlines for general "HELP!" calls concerning those.

Best wishes and positive energy to you.

[Eden]

Holy Crap! - I don't know about the insurance, but the 401K money is YOURS and it sounds like they've been stealing it....

Oh - you might possibly be able to get retroactive COBRA insurance coverage (I think its possible in this state at least), but that still means paying the premiums!

[TxDoc]

Just sent you a PM, hope this helps.

[jesvetmed]

I hope that this all gets straightened out soon. It would seem a lawyer is going to be what you need to deal with the money they've been stealing from your hubby. What a nightmare.

Keep the thoughts positive on the mammogram... they are usually nothing no matter how strange things seem. It's just horrible waiting, and usually the mammo doesn't tell you enough.. ask for the ultrasound if they are unsure. It will put your mind at ease -- and it sounds like you could use that right now.

My thoughts are going out to you, along with some positive vibes.
Good Luck and keep us posted.
Jes

[Grog]

I have nothing to say RM, but here is a big, gentle hug. I am sending you lots of good vibes, and keeping you in my thoughts.

[crazycanuck]

Sorry to hear things aren't running smoothly for you. I can only send a (((hug RM)) & good thoughts.

HOpe things improve kiddo!

[LBTC]

Oh, RM, I'm sorry! To have an employer steal from you *and* put your health in danger - that is sooooo low! Being from Canada where the diagnosis costs would be covered, even though we'd have to wait a long time, I don't know how to help. But I am sending big wonderful butterflies, full of relaxation, positive thoughts, and curiosity that will help you find the answers.

Hang in there!

Hugs,
~T~

[Mr. Bloom]

Oh WOW! I'm really sorry. I wish I had some expertise on this to offer, but this isn't something that I've seen happen in over 15 years. I wouldn't get an attorney involved (because the chance of recovering anything of substance is slim), but I would contact the appropriate state agency.

I'm wondering if you could approach the insurer directly about continuing under COBRA coverage - higher premiums, but given the situation, it might be the best course?

[Miranda]

(((hugs))) Sometimes when it rains, it pours! I knew someone that had a similiar thing with the employer stealing the 401K$ and something legally happened for his actions. One would hope that what comes around goes around. It's an awful feeling when someone has betrayed your trust.

I hope the mammo turns out ok, but if we want to find a positive in it... good thing you had the test now. I say this because those otherwise considered 'preventative' things sometimes can be left without doing without a means to pay. Your kid breaks their arm and needs the ER, you go. The other you may hold off.

I have some funky lumpy junk in my girls I get a diagnostic for too, especially with the fm hx.

My mom is a double mast b-ca survivor. Her old idiot doc never sent her for a screening mammo, she never thought anything of it. By the time they cut that very large tumor #1 out it had spread to her lymph nodes. Not good. But mom lived.

Oh yea, btw, this was before the 'whatever ins law', and the freaking ins co canceled her. Nice eh?

The next ca she was JUST ABOUT to cancel her mammo due to another surg diff part of the body. I said NO!!! Mom! That ca she couldn't feel, and thx gawd for the test or she probably would be dead. Well, her onc has told her she should have been dead a long time ago... but some 20yrs later, mom's still kicking.

Sending positive wishes your way. I hope things change up for the good soon.

Miranda

[Tri Girl]

Sorry, I have no advice. Just wanted to give you a big virtual (((hug))) and tell you that I'm thinking of you and praying for the best. Yikes!

[Tuckervill]

I'd be getting on the phone with everyone I could think of, the district attorney, the Department of Labor, the state insurance commission and reporting that they have stolen your money. Also call the company who handles your 401K and find out if they have any advice. If they've been using the employee's contributions to handle their cash flow, they are truly evil.

I think not paying the insurance premiums is bad, too, but I think the 401K thing will get a lot more action from authorities.

Sorry this is happening to you.

Karen

[Tuckervill]

You may have already seen this. Add to my list above to call the IRS, too:

http://www.401khelpcenter.com/401k_e...ken_rules.html

What To Do When You Think The Rules Have Been Broken


Three federal government agencies have authority to investigate possible violations of the rules for private pension plans and to bring lawsuits or assess penalties against individuals engaged in illegal actions: the Department of Labor, the Internal Revenue Service and the Justice Department.

Department of Labor.

If you think the plan trustees or others responsible for investing your pension money have been violating the rules, you should call or write the nearest field office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA (formerly PWBA)). The Labor Department has authority to investigate complaints of fund mismanagement. If an investigation reveals wrongdoing, the Department can take action to correct the violation, including asking a court to compel plan trustees and others to put money back in the plan. Courts can also impose penalties of up to 20 percent of the recovered amount and bar individuals from serving as trustees and plan money managers.

Internal Revenue Service.

If you suspect that individuals providing services to the plans have gotten loans or otherwise taken advantage of their relationship to the plan, the Employee Plans Division of the Internal Revenue Service may want to take a closer look. The Internal Revenue Service is authorized to impose tax penalties on people involved in unlawful "party in interest" transactions.

NOTE: If you are planning to provide information to the Internal Revenue Service about an unlawful party in interest transaction, you should consider filing a written claim for an Informants' Reward with the Intelligence Division of the IRS at the same time. If the IRS collects a penalty tax as the result of your information, there is a possibility that you could receive up to 10 percent of the amount collected.

Department of Justice.

Cases of embezzlement or stealing of pension money, kickbacks or extortion should be referred to the Federal Bureau of Investigation or the Labor Department field office in your area. If illegal activities are found, the case can be referred to the U.S. Department of Justice for prosecution. Criminal penalties can include fines and prison sentences, or both.

Federal pension law makes it unlawful for employers to fire or otherwise retaliate against employees who provide the government with information about their pension funds' investment practices.

The most effective way to present your concerns to government investigators is to provide them with a short summary of the problems you have found and supporting documents.

Collecting information.

You have a legal right to ask the plan administrator for the plan's latest Form 5500 or Form 5500-C/R. You also have the right to ask for a copy of:

* the summary plan description,
* the plan document,
* the trust agreement setting up the plan, if separate from the plan, and
* any collective bargaining contract, if appropriate,
* any other instrument under which the plan was established or is operated.

Make all requests for plan documents in writing. You may have to pay reasonable copying costs. If you have trouble getting the documents from your plan, contact EBSA (formerly PWBA)'s Division of Technical Assistance and Inquiries in Washington, D.C. or the EBSA (formerly PWBA) field office nearest you.

If the administrator fails to give you information you are entitled to within 30 days of your written request, and the reasons for the delay are within the administrator's control, you also have the right to bring a lawsuit against the plan administrator, and ask the court to make the plan administrator pay you a fine of up to $100 a day for every day the administrator goes over the 30-day deadline. It is a good idea to send your request by certified mail return receipt requested so that you will have a record of when you made the request.

If you would rather not ask your plan for the information, you can obtain Form 5500s and Form 5500-C/Rs after they have been filed with the government and processed from EBSA (formerly PWBA)'s Public Disclosure Facility.

If you find that your pension plan has not filed the Form 5500s or Form 5500-C/Rs, the forms are incomplete or contain false or misleading information, you should immediately notify the nearest EBSA (formerly PWBA) field office. The Labor Department has authority to assess civil penalties against plan administrators who fail or refuse to comply with annual reporting requirements.

Government agencies have limited resources and are unable to investigate all claims of fund mismanagement. You may also want to contact a lawyer.

Even if you think you cannot afford the cost, you may still be able to find a lawyer to take your case. This is because the law provides that a court has the power to award attorney's fees if you win a pension case.

To find a lawyer, you should check with the lawyer referral service of your state, city or county "bar association." Ask for a lawyer experienced in pension law who is willing to represent workers and retirees.

[bmccasland]

RM - I can only offer a big HUG. Good juju thoughts headed your way.