adjusterjack
Super Moderator
Because on the statement I received they only contributed $90. And that was the only time, at the very beginning after my 90 day probationary period.
OK. $90 per month for 14 months = $1250. Add a hundred or two for interest and earnings, round it up and $1500 is still within the limits of small claims court.
That the employer contributed $90 one time may be enough evidence for a judge to rule that the employer should have contributed $90 every month unless the employer can show evidence of good reason not to have done so.
No guarantees there. I'm just speculating.
Filing fee appears to be $53. You might have to pay a process server another $50 to $75.
If you do sue in small claims court I suggest you name the company and the President or owner as an individual.
Example: XYZ Inc and John Doe, an individual.
That way if you end up getting a judgment you can go after the individual's money if you can't reach the company's money.