Employers often offer 401(k) plans to help attract and retain talented staff. However, there is no legal obligation for employers to have one, and many companies—particularly smaller ones—do not. If a company does offer a 401(k) plan, it must follow certain rules regarding when employees become eligible to participate.
Opening the Floodgates of Litigation: The United States Supreme Court Rules That Individuals May Sue Their Employers For Mishandling 401K Retirement Plans.
Yes, you can generally decline a 401(k) offer when you start a new job. Employers typically provide options for retirement plans, but participation is usually voluntary. If you choose not to enroll in the 401(k) plan, you can simply inform your HR department or the plan administrator of your decision.
If your company does not offer a 401-K plan or does not have a defined pension benefit plan then the employee can open their own retirement account which is called an IRA or individual retirement account.
If your company does not offer a 401-K plan or does not have a defined pension benefit plan then the employee can open their own retirement account which is called an IRA or individual retirement account.
Diversify your investments to manage risk. Talk to HR or Benefits Administrator: Express your concerns about the 401(k) plan. Sometimes, companies are open to feedback and may consider improving the plan if there is enough employee interest.
A company can refuse to give you your 401(k) if it goes against their summary plan description. If the plan states early distributions and 401(k) loans are prohibited there may be little you can do to overturn their decision.
2 options designed for all investors Consider contributing to a traditional or Roth IRA. Both types of accounts offer long-term tax advantages. Anyone who has earned income can contribute up to $7,000 ($8,000 if you're age 50 or older) for 2025 contributions. You can also choose to save in a taxable account.
403(b) plans and 401(k) plans are very similar but with one key difference: whom they're offered to. While 401(k) plans are primarily offered to employees in for-profit companies, 403(b) plans are offered to not-for-profit organizations and government employees.