Sounds like you have some money coming. Everything you said sounds ok to me. If the plan was topheavy this will often require the employer to contribute 3% of the pay of each eligible nonhighlycompensated employee. It doesn't matter that you yourself chose not to contribute. If the plan doesn't follow the topheavy rules of the Internal Revenue code, the whole plan and every dollar in it faces the possibility of being disqualified. If you're 50% vested then half of what they put in in your name is yours.

Thank you for the answer and puts my mind to rest that it was illegal.

I believe I have a similar situation on my hands...although I was fired the day after following this email:

In regards to the whole 401k situation I misplaced the welcome letter from Fidelity is it possible that you could provide me with the information for the Third Party Administrator (address/phone/contact person)? I am a bit concerned that I was entered into the plan without being offered an enrollment kit. This is not my 1st 401k program and I am pretty sure that the majority of them operate in a similar manner with the employee being given a form to fill in their contact and personal information as well as to list their beneficiaries and the amount to be contributed whether it is a percentage or dollar amount. I would like to be able to fill out said enrollment form on my own accord. I would also like to know when the contributions will begin to take effect. I believe it is also within my power to request that my statements be sent to an address of my choosing. Accordingly, any mail that is addressed with my name and not company related is in fact my personal mail; so technically any statements or information being sent from Fidelity should be sent to my home address and not my place of employment. Having coordinated payroll in the past for two companies I am aware of both 401ks and IRAs, and I am certain that as the plan administrator that you receive monthly and/or quarterly contribution summaries where you are able to access the employee's contribution as well as your matched contributions. Which brings another question to mind as employees do we have access to our 401k information online by way of a user & password log-in site in lieu of a paper statement? If available I would like to request this information. Thank you.

Jozette

I believe my former employer is hiding something and that this is illegal and I will be contacting the Investment Advisor. I am going to take this to court if my suspicions are correct. I don't have anything but the last 4 of the account # and that is because I intercepted the office mail that I distributed daily which stated that an update was made to my account on Feb. 3, 2010.