Employer promised full 401(k) contribution that did not happen
I joined a PE-backed medical practice group. During recruiting in 2023, their CEO told me via email that the practice "maxes out" 401(k) contributions through a combination of profit sharing and safe harbor, totaling $66K per year (of course $22.5K is my own deferral).
Fast forward to today — I've received roughly $9K/year in employer contributions, nowhere close to the ~$43.5K I was told to expect. When I asked CEO about the gap, they told me their policy has changed and that the full match only applies to partners.
However, the job listing for my exact position is still publicly advertised today, and it still says "Maximum employer contributions for MDs in a 401(k) plan" — with no mention that this only applies to partners.
I'm planning to leave this practice soon. Before I go, I want to know if there a reasonable chance I could recover any of this shortfall — either through direct negotiation, a labor/benefits dispute, or would this realistically require litigation?
Edit to add
My contract just said "Physician is entitled to participate in any pension plan, 401(k) plan, profit-sharing plan, or similar benefit plan, available generally to similarly situated physicians employed by the Company to the extent permitted by such plans and the applicable statutes and regulations".
My 401 plan document DID separate partner and employee MDs.