Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
How exactly did the domestic violence relate to you needing to quit your job? Did you work with the perpetrator of this violence? I very much look forward to helping you on this matter.
Thank you. ***** am not following, but how did this necessitate that you quit your job? Generally, 401ks can be accessed or at least borrowed against without quitting your employment. Can you clarify?
Thank you. You can certainly apply for benefits. There is no penalty for applying and being denied, provided you supply truthful information. You will face an uphill battle, though. You will have to demonstrate that no reasonable person genuinely desirous of remaining employed would have done so under the circumstances. This is a difficult standard to meet. I understand your reasons for quitting, but you will have to show that you investigated all alternatives, such as getting private loans, using credit cards, borrowing against the 401k, etc. I have never heard of a 401k that can't be borrowed against, so this in particular might be very hard to establish, especially if you don't have documentation supporting your efforts to apply for such a loan and being denied.
I wish I could provide better, but you deserve and honest and realistic answer to your question. If there is anything else I can do, please let me know.