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I'm a displaced worker ( off in December 2016). Unemployment…

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Hi -I'm a displaced worker...
Hi -I'm a displaced worker (laid off in December 2016). Unemployment is paying me while I attend training, but I have a dependent son and need to pull funds from my 401K to be able to support my son and myself. Is it possible to still receive unemployment after I receive the 401k withdrawl?
Submitted: 6 months ago.Category: Employment Law
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Answered in 10 hours by:
8/1/2017
Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,623
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for your post. In order to assist you I will need to know what State you are receiving UI benefits in.

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Customer reply replied 6 months ago
California
Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago

Thank you for your reply. If your 401K is either one that you set up privately and was not a part of an employer's retirement plan, then your benefits will not be effected by withdrawal of funds from that account. However, if this is a 401K plan you participated in through your employer, then there would be a reduction in your benefits if you did not contribute to the 401K (meaning only the employer contributed.) On the other hand, if both you and the employer contributed, then the EDD will not reduce your UI benefits if you withdraw.

This is actually a fairly complex area of the UI law but the EDD has provided very good guidance at the following link: http://www.edd.ca.gov/UIBDG/Total_and_Partial_Unemployment_TPU_46055.htm

Please read that if you and then if you have any follow up questions, let me know. Just to be clear though, this has nothing to do with your eligibility for UI benefits, only whether or not they might be reduced.

If you do not have follow up questions after reviewing my answer and the link information, then if you could take a moment to leave a positive rating of my efforts to assist you, then the Site will give me credit for doing so. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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