How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5617
Experience:  Exclusively practice labor and employment law.
Type Your Employment Law Question Here...
John is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year 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 1 year ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.