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Question

Hi my name is XXXX XXXXXX and I have a 401k question to ask you. I switch jobs a bout 5 months ago and I want to roll over my 401k to my new employer. My problem is that I have to cash my 401k money and deposit to my new employer plan. I already contact the old 401k plan and they told me that they are waiting for my former employer to send my termination day of employment. My former employer is refusing to release my 401k money because I took a loan from them which I’m paying in monthly payments. The employer is saying that he is going to keep my 401k money because I fail to make 2 monthly payments. The reason for this is because one of my son’s had an accident and I have to pay the medical bill, because my former employer cancel my health insurance the very same day of my last day of work.
I contact the Department of Labor of my state is been over a month and the employer has not released my 401k savings. The Department of labor people said that they are saying that they are going to keep the money and going to talk to a lawyer.
I hope you can advise me I am desperate don’t know what to do.    

Thank very much for your time and help
Luis O

Submitted: 440 days and 1 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Glendale HTS, Illinois

Already Tried:
contact the former employer, and the U.S.A. department of labor

Accepted Answer

I would recommend that you continue to press the department of labor to pursue recovery of the 401(k) funds. The 401(k) should not be cashed by rolled over to avoid tax penalty.

Consider hiring a local counsel not only to speak to the employer and the DOL but also to speak to the bank holding the 401(k) plan to see if it will roll over your account.   

As 401(k) money is exempt from judgment enforcements, the employer cannot offset against it for its debts, even assuming he had a judgment which i dont think it does.

The employer cannot refuse to rollover your 401k money and cant retain it either.

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Expert: INFOLAWYER
Pos. Feedback: 95.4 %
Accepts: 
Answered: 9/9/2008

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