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Asked 1/22/2010

Trying to get 401K distrubtion and then get rehired

Company has contract "at will" but has provision is handbook that states employee can be labeled "rehire" and if gets rehired within 30 days loses no benefits.
Unfort. told upline supervisor reason for wanting to leave. He told H/R to cover his back. They are stating since they know, if I resign it will be with a "no hire back" on notice. I have also stated am pursuing another opportunity and have proof of such but that does not matter. My question is if I have proof -what danger to the company allowing me to take 401k $ out and then getting rehired?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 1/22/2010

You can not manipulate the IRS 401k withdrawal/rollover rules in place in that way and expect your company to be in collusion with you.

They are covering their butts because they have to.

 
 
 
 
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