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I recently have not been reciveing my unemployment. They…

Customer Question
So I recently have...

So I recently have not been reciveing my unemployment. They denialed a week becuase i was late for a reentry work program. causin me to have to withdrawal from my 401k. Now they are deniing my claims until I have an interveiwing causing me to need more money from my 401K. How does these withdrawals impact my unemployment?

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

Nj

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

At will. i was laid off

Submitted: 10 months ago.Category: Employment Law
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Answered in 10 minutes by:
10/10/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 10 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Your unemployment benefits will be reduced in any week where you take funds out of your 401(k). However, the benefit can't be reduced before zero. If you're expecting them to not pay benefits due to your withdrawal, you can take out enough to cover both weeks.

Also note that, if you're not yet 59.5 years old, there will be an automatic 10% penalty levied by the IRS, which you have to pay when you file your taxes at the end of the year. You're also responsible for regular income taxes on that money (depending on your overall financial picture). Some people choose to withdraw a bit extra to cover those amounts.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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