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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4466
Experience:  Exclusively practice labor and employment law.
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I was terminated in jan 2016 based on performance on 20% of

Customer Question

I was terminated in jan 2016 based on performance on 20% of my job. I have not yet filed unemployment comp because I have not been physically available. I am a 69 y/o disabled Vietnam veteran. My employer kept my 401 k. How do I get it back. A part time co worker who was laid off recently told me that the GM will retire this week. How do I seek redress?
Submitted: 2 months ago.
Category: Employment Law
Expert:  John replied 2 months ago.

You are entitled to and totally vested in a 401k benefit plan in accord with its vesting schedule. You are always fully vested in the contributions you make to such plan, and you must be 100% vested in employer contributions after 6 years service at most. You are old enough where you can start taking distributions from your account without additional tax penalties.

If the employer "took" your account, which shouldn't theoretically be possible because such funds are supposed to be held in trust for you (i.e., not held by the employer) you have a couple options - 1) contact the Department of Labor (Employee Benefits Division) and file a complaint. This would be free to you. You can contact them here: Or 2) hire an attorney to pursue an ERISA claim against the employer and possibly the plan administrator for allowing the employer access to to your account.

Expert:  John replied 2 months ago.

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