Employment Law

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My husband, who still works for his employer where he has
Hello. My husband, who still works for his employer where he has his 401k, and is under the age of 59.5, wants to change his 401k to a gold-backed plan. He doesn't want early access to the funds, he j… read more
KellenC46
KellenC46
AVP Legal & Compliance / Attorney
Juris Doctorate
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I have a question about my 401k. I'm 33 and have over
I have a question about my 401k. I'm 33 and have over 200,000 in my 401k that I left w/a previous employer who I was fired from and haven't been in contact w/since (about 2 years ago) can someone plea… read more
Olivia
Olivia
Doctoral Degree
25,730 satisfied customers
Is there a legal way I can access my 401K money while still
Is there a legal way I can access my 401K money while still employed and under 55yrs old? I do NOT want a cash out.....I want to roll over the existing money in my self directed IRA into a different r… read more
Isaac, Esq.
Isaac, Esq.
Attorney at Law
Doctoral Degree
51,310 satisfied customers
Can I request a hardship withdrawal from my 401k after
Can I request a hardship withdrawal from my 401k after termination of employment ? … read more
Olivia
Olivia
Doctoral Degree
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My benefits admin. For Hawaii Carpenters union says even
Ok so my benefits admin. For Hawaii Carpenters union says even though I'm terminated from the program I have to wait 1 year to rollover my 401k. Is this legal?… read more
GlennM
GlennM
Managing Partner
J.D.
2,858 satisfied customers
Due to cancer I was separated Friday m employer of 40 years.
Due to cancer I was separated Friday m employer of 40 years. Can they without my permission rollover my 401k into an IRA? Secondly, shouldn't the same beneficiaries I chose while employed for 401k pla… read more
Ben S.
Ben S.
Owner
Juris Doctor, cum laude (in top 5% of class)
10,424 satisfied customers
If I had a 401 k loan and have been terminated from my job
if I had a 401 k loan and have been terminated from my job here in iowa, if I am rolling it to an IRA, they are going to keep what i owe back to them on my loan; do I still receive a 1099 like i am be… read more
Robert L
Robert L
Deputy General Counsel
Juris Doctor
4,477 satisfied customers
My old employer, who I had a 401k with, has recently closed
My old employer, who I had a 401k with, has recently closed its doors. Their 401k administrator told me that they are not approving requests for rolling over funds at the moment. This doesn't sound et… read more
Ben S.
Ben S.
Owner
Juris Doctor, cum laude (in top 5% of class)
10,424 satisfied customers
My wife's former employer had set up a 401k for her that had
My wife's former employer had set up a 401k for her that had some money in it. When she asked them about withdrawing the money she was told by the HR person that they were rolling over to personal acc… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
15,084 satisfied customers
My client is a small business with a SIMPLE IRA which has
My client is a small business with a SIMPLE IRA which has been in place for more than five years. The company would like to switch to a 401k so more money can get out of the Company and into the emplo… read more
AttorneyMatt
AttorneyMatt
Attorney
Doctoral Degree
16,971 satisfied customers
I have a question for you. If I have an old 401k plan. In
I have a question for you. If I have an old 401k plan. In the plan is a total of $12,000. $9,000 of the $12,000 is money I put into the plan. $3,000 is the amount the employer contributed. If I only t… read more
LawEducator
LawEducator
151,797 satisfied customers
I am past the age of 55 and have separated from my employer.
I am past the age of 55 and have separated from my employer. I need to withdraw from my pension, but plan to roll most of the money over to an IRA. Will the amount I withdraw be taxed, or the entire b… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
27,567 satisfied customers
Can money in IRA be accessed by court for alimony, child support?
I had money in a 401K for 27 years, when I lost my job it got rolled into an IRA. Ex-wife trying to attach a judgement to it. Is it still protected under ERISA?? This is in Florida. I produced records… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
10,508 satisfied customers
I have ESOP money owed to me. I was called yesterday to say
I have ESOP money owed to me. I was called yesterday to say my former employer has decided to buy it back. They are going to automatically dump it into a 401K account they still had open for me under … read more
Loren
Loren
47,403 satisfied customers
My wife and I have a 401k with an approximate balance of $135K which
My wife and I have a 401k with an approximate balance of $135K which had been rolled forward from her previous employer. We would like to escape from this 401k account, so we can invest these savings … read more
Judith
Judith
Owner
Doctoral Degree
460 satisfied customers
I live and work in Ohio. I am 57 years old. I was employed
I live and work in Ohio. I am 57 years old. I was employed for 35 years making 70k a year and laid off. I had to take a job making 35k a year at another company. In order to survive I took a premature… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
27,362 satisfied customers
I was laid off from my company over 9 months ago and they have
I was laid off from my company over 9 months ago and they have yet to give me options even though I have requested them several times, to have my pension rolled over into a private ira. I am vested in… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
31,476 satisfied customers
Subject 401k In-Service Direct Rollover of current Employee.
Subject: 401k In-Service Direct Rollover of current Employee. Concerning:XXXXX XXXXXcock Retirement Account for Delta Western Air Flight Attendants (Plan Id XXXXXXXXX QUESTION - can a current employee… read more
socrateaser
socrateaser
37,075 satisfied customers

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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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