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I recently resigned from my previous job and had a 401K with…

Customer Question
I recently resigned from...

I recently resigned from my previous job and had a 401K with them that I contributed to as well as the company contribution for the 5 years that I was there. I was looking to cash out the 401K since I had some unexpected expenses come up. My previous employer told me that I can't have access to the funds until my resignation is at least a year old and they have refused to allow the 401k company to release the money. The headquarters for this business is in MD but I live in VA

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I live in VA but the corporate office is in Maryland

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At Will Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that that is all

Submitted: 9 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/14/2017
Employment Lawyer: Infolawyer, Lawyer replied 9 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,145
Experience: Licensed attorney helping employers and employees.
Verified

Hello and welcome. I am working on your answer and will be right back!

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Employment Lawyer: Infolawyer, Lawyer replied 9 months ago

On resigning, you have the options to rollover the 401k, keep as is, borrow from it, or cash it out. Company one year waiting period is incorrect, and burden is on company to show that such a limitation was disclosed and is part of the 401k plan - which is highly unusual. If company refuses you may threaten a complaint to the labor board, attorney general office, insurance department and lawsuit.

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Customer reply replied 9 months ago
by them saying I have no access to the funds for at least a year that is breaking the law. Would it be best to contact the labor board in VA where I live or in MD where their coporate headquarters is. And no, this was not disclosed to us all of my peers were unaware of this information as well.
Employment Lawyer: Infolawyer, Lawyer replied 9 months ago

Yes, where the plan has no such limitation. I would notify the labor board where you reside and let them investigate and do the legwork - and its without incurring lawyer fees.

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Employment Lawyer: Infolawyer, Lawyer replied 9 months ago
Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 9 months ago
Thank you for your help
Employment Lawyer: Infolawyer, Lawyer replied 9 months ago

Very welcome. Good luck. Kindly rate my 5 stars.

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Category: Employment Law
Satisfied Customers: 62,145
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