By TIM UNRUH

Salina Journal

Warren Merrill said Tuesday that he had no idea he was being sued for failing to place employee contributions in his former company's 401(k) and medical plans while he owned B&W Electrical Contractors, Salina.

The U.S. Department of Labor announced Tuesday that it filed suit in the federal court in Topeka against Warren Merrill and his son, Jeffrey Merrill, for failure to forward $22,670 in employee contributions to the 401(k) plan and about $7,585 in premiums to the health care plan between May and August 2005.

The suit aims to force the Merrills to make the payments.

Labor Department spokesman Brad Mitchell said the government has "corresponded with Warren and Jeffery Merrill on this matter, as well as their attorney (George Yarnevich)," for more than two years.

Yarnevich, a Salina attorney, could not be reached for comment Tuesday.

"Maybe George has just been handling it," Warren Merrill said.

Warren Merrill, 68, said he closed B&W Electric in 2005 because it was not making money. He said he was associated with B&W for about 30 years. He owned the company for its final five years.

Warren Merrill said Jeff Merrill worked for him. The federal complaint reads that Jeff Merrill was B&W's vice president. Jeff Merrill currently owns Merrill Electric. Warren Merrill, 68, is retired, but helps out by answering phones.

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