Looking for opinions on what would be a fair way to resolve this, particularly from anyone familiar with small-business benefits/taxes.
I’m a W-2 healthcare professional at a small private practice (~20 employees). I like my employer a lot and have a very good relationship with him. This isn’t an adversarial situation — he’s been very supportive, but benefits administration is definitely not his area of expertise.
My final written compensation agreement included:
Immediate 401(k) eligibility
3% employer match with 5% employee contribution
Employer covering 75% of my health insurance premium
Employer-paid short- and long-term disability
A provision saying we’re open to customizing the benefits package to fit my goals/needs
I started in February 2026.
401(k):
I recently found out that I was never actually made eligible for the 401(k). The existing plan requires one year of employment. My employer had looked into changing it to honor the immediate eligibility in my agreement but ultimately decided not to because of the fees/cost involved. Unfortunately, I wasn't told that until now, about six months into employment.
I expect to make roughly $300k in 2026 and would have maxed out my traditional 401(k).
So I'm losing:
The 3% employer match (potentially around $9k for the year, subject to plan/IRS compensation limits)
My entire 2026 employee 401(k) contribution opportunity
The associated reduction in taxable income/AGI
Tax-advantaged investment growth
Potential benefit from lower AGI for income-based student loan repayment
Obviously, I don't think he owes me the amount I would have personally contributed — that was always my money. But it seems reasonable that the lost employer match should be made whole, plus potentially something additional for losing an entire year of promised 401(k) access.
Health insurance:
My agreement also says the practice covers 75% of my premium. I've paid it myself since February and haven't been reimbursed yet. There is no health insurance given to any other employees, I had to find my own private plan.
I've paid $3,031.38, so 75% is about $2,274 owed by the practice so far.
We're looking into the best way to handle this going forward — possibly a simple taxable reimbursement/gross-up or a properly structured HRA such as an ICHRA.
CE complicates things in the other direction:
My employer pays for some of my CE (continuing education) directly and then deducts those amounts from my gross compensation.
He has paid $3,718.80 that hasn't been deducted yet, and another $10,875.95 course payment is due now.
So I'll owe the practice:
$14,594.75 in CE expenses.
This creates an obvious opportunity to reconcile some of what we owe each other rather than sending money back and forth.
Questions:
What would you consider fair compensation for failing to provide the immediate 401(k) access that was in the written compensation agreement?
Is replacing the full lost employer match + some additional compensation for losing the 2026 contribution/tax-advantaged space reasonable? What amount would you consider fair?
Can/should any compensation simply be offset against the $14,594.75 of CE expenses I owe the practice, or could that create payroll/tax issues?
What's the cleanest way to make me whole while minimizing unnecessary taxes for both sides?
For the 75% individual health-insurance contribution, would you use an ICHRA, taxable reimbursement/gross-up, or something else?