WEST PALM BEACH – A Florida company is alleged to have not remitted sums to an employee benefit plan.

Acting Secretary of Labor for the U.S. Department of Labor Edward C. Hugler filed a complaint on March 13 against Michael Gillette, Gillette Construction Service Corp. and Gillette Construction 401(K) Plan in the U.S. District Court for the Southern District of Florida, West Palm Beach Division citing the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that defendants established a 401(k) plan and that employees withheld $12,611.85 as plan contributions and $17,966.56 in loan repayments from May 2013 to June 2014. The company is no longer in operation, the suit states. The plaintiff holds Gillette, Gillette Construction Service Corp. and Gillette Construction 401(K) Plan responsible because the defendants allegedly breached their duty by failing to remit sums submitted by their employees in the plan.

The plaintiff seeks to enjoin the defendants, restore all losses to the plan, all legal fees and any other relief as this court deems just. He is represented by Jonathan Hoffmeister of the U.S. Department of Labor in Atlanta.

U.S. District Court for the Southern District of Florida, West Palm Beach Division Case number 9:17-cv-80325-DMM

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U.S. District Court for the Southern District of Florida West Palm Beach Division
701 Clematis Street
West Palm Beach, FL 33401

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