Legal Question in Business Law in California

401(k) rights for terminated employees

I was recently laid off after 14 yrs and am a ''highly paid'' officer of the co. Can they withhold 401(k) information until a severance agreement is signed?


Asked on 11/17/07, 9:48 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 401(k) rights for terminated employees

I think your 401(k) plan is a private contract between your ex-employer and you, and possibly including a third-party plan administrator, so the first place I would look is the enrollment papers you signed to authorize deductions, etc. There should be some provisions regarding rollover, what happens if you are terminated involuntarily, maybe ERISA rights, and the like. It seems unlikely to me that the company can hold your plan's assets hostage to force you to sign a particular severance agreement, but reference to the contract and the plan rules would be your starting point in getting ready to argue the point with the company or their plan administrator.

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Answered on 11/18/07, 2:22 pm
Terry A. Nelson Nelson & Lawless

Re: 401(k) rights for terminated employees

No. Doing so is a federal violation. If that actually happens to you, to your detriment, feel free to contact me for the legal help you'll need. That could be used as leverage in negotiations.

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Answered on 11/19/07, 12:45 pm


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