Welcome! | Ask A Question

 
 
 
 
Question

Asked 7/28/2010

Can my former employer "Bad boy" me?

I left my former employer in 2007. I received a letter saying they are holding my 401K for 7 years because I went to work for the competition. Is this legal? I have lost a lot of money in the account over the last three years due to the stocks they invest in. Futhermore, I dont even get a statement as to how much of my money they've lost. What are my rights?

 
 
 
 
 
Answers

Answer 1/5 - Submitted 7/29/2010

No, the IRS allows you to rollover your account after you leave a company, the company can't arbitrarily make up their own rules simply because they want to punish you in some way.

Now it's time for you to report what they are doing. Call the Dept of Labor's Employee Benefits Security Administration at 866-444-EBSA. Here's their website http://www.dol.gov/ebsa/

 
 

Answer 2/5 - Submitted 7/29/2010

I found the letter they sent to me. This is just the parts that apply. This is why I havent done anything before now.

Due to the nature of your termination, the Trustees have determined that you must incur five (5) consecutive one-year
breaks-in-service in accordance with Section 5-2A of the Plan and Trust Document (pages 21 and 22 attached) which will
occur on July. 1, 2012. Your distribution date will be approximately September 15, 2012.

(Plan and trust pg 22)
Distribution to a terminated Participant of the Vested Portion of his Participant's Total Account prior
to the occurrence of five consecutive One-Year Breaks in Service shall not be made if the Employer
communicates to the Trustee that either the Participant was discharged or resigned to avoid a discharge for
causes of dishonesty, disclosing confidential information, or for actions prejudicial to the Employer or
subsequent to his termination, the Employer discovers that the Employee engaged in acts of dishonesty,
disclosing confidential information, or actions prejudicial to the Employer. Additionally, distribution to a
terminated Participant of the Vested Portion of Participant's Total Account prior to the occurrence of five
consecutive One-Year Breaks in Service shall not be made if the Employer communicates to the Trustee that
the Participant has terminated his employment with the Employer to accept, or at any time prior to distribution
of the Participant's Total Account has accepted employment or engaged, either directly or indirectly, in any
occupation, effort, endeavor, venture, enterprise, or business in competition with the Employer. Application of
this paragraph shall not result in the forfeiture of the Vested Portion of any terminating Participant's Account.
Forfeiture for cause is not permitted under this Plan. -

 
 

Answer 3/5 - Submitted 7/29/2010

That's only talking about any vested portion (the part your employer contributed), not your contributions, and I'm really not sure that they can decide to keep it simply because you quit and took employment with a competitor.

As I said, call the DOL EBSA.

 
 

Answer 4/5 - Submitted 8/3/2010

When i left my company i was losing money so i call the 401k where they sent me my last statement and frozen any more money coming out since i no longer had any coming in forget what it was call so i would lose what i had

 
 

Answer 5/5 - Submitted 8/3/2010

Oh boy. your employer stole your money. another enron company.

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
401k information from former employer

I was terminated by my employer on 01/16/2009. to date i have received no information concerning my 401k account with this employer. how do i get this information from my former employer? i do not know the amount currently in the account or what the money is invested in or the amount of return, if...

See Answers

 
Ive been contibuting to my 401k since january and my employer has not funded this to my account. is my employer breaking law

I've been applying $500/month plus employer match, yet not $1.oo has bee applied to my account

See Answers

 
What is an employer/sponser's obligation to offer & enroll employee into plan?

The company that i work for, acquired my prior employer 6 years ago. therefore i have a total of 9 years of employment with the company. i recently found out that my current employer has had a 401k plan all of these years, and i was not notified or offered the opportunity to enroll in the plan until...

See Answers

 
Related Questions

401k information from former employer


I was terminated by my employer on 01/16/2009. to date i have received no information concerning...

 

Ive been contibuting to my 401k since january and my employer has not funded this to my account. is my employer breaking law


I've been applying $500/month plus employer match, yet not $1.oo has bee applied to my...

 

What is an employer/sponse r's obligation to offer & enroll employee into plan?


The company that i work for, acquired my prior employer 6 years ago. therefore i have a total...

 

How long does an ex employer have by law to release my 401k to me?


I used to work for a company that offered a 401k. i left the firm over 2 years ago. i have...

 

401k, does my employer have to approve a loan from my 401k


I have a 401k thru my present employer and want to take out a loan. i've been told that...

 

How long does my employer have to provide me with my 401k funds after closure of the plan by the employer?


My former employer opted to close our 401k and i signed the release paperwork back in july...

 
 

See more 401k questions

 
 
 
 
 

Ask A Question

Ask a new question about
401k: