Employment law questions? Ask an employment lawyer.
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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.
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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