Legal Question in Employment Law in California

former employer won't release profit sharing money

I have been trying for over a month to withdraw from my profit sharing plan from my former employer, which I am 100% vested and he won't sign the withdrawl form. I have called him everyday and he tells me it will be done the following day. I have contacted the company where the account is held and they have been unsuccessful as well. Is there a time frame after I request a withdrawl in which he must release this form?


Asked on 10/04/06, 3:57 pm

2 Answers from Attorneys

Claude Manookian Claude M. Manookian, Esq.

Re: former employer won't release profit sharing money

As my college pointed out, make sure you document all your communication. It would also be a good idea to make a written demand (via facsimile and certified mail)

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Answered on 10/06/06, 9:51 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: former employer won't release profit sharing money

Document your efforts in writing and then contact the Federal Government, Department of Labor, Pension Welfare and Benefits Administration in your area. You can find their contact information on the DOL listing on line or in the blue section of your yellow pages. This division of the government has advisors who will assist you and on some occassions contact your plan about your problems.

Best of Luck, Beth Mora

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Answered on 10/05/06, 6:31 pm


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