Legal Question in Employment Law in Florida

I retired from my teaching position to take care of my terminally ill father four monehs ago. I immediately set forth to transfer my pension account into to an investment account (money market fund) and waited the required 3 months to request a distribution to ensure that my employer, the school board, had not been making further contributions during that waiting period. All I wanted was my tiny nest egg after 11 yrs. of teaching and to pay for my father's funeral. I was assured by the investment company (FRS - Florida) that once the money was transferred to an investment account, my employer would not have access to it.

Five days after I asked for my distribution and a check was mailed and deposited, I had to plead guilty to one count of a federal felony. Two days later, to be exact. The School Board placed a stop payment on the check I had already deposited and I am, subsequently penniless. Their argument? The alleged crime (not sexual, abusive or lewd...white collar... where no money was taken from the school) was committed while I was employed.

My argument? I had not been an active employee for three months, as per FRS guidelines, I had received my check and had deposited it. They had the termination letter to prove it. I have ALL the documentation I had to fill out to ensure that everything was done correctly AND, I have FRS's confirmation letters attesting to the same. I considered the funds mine since I worked hard for 11 years to earn them and even had to take a penalty for withdrawing it early.

My employer sent a form for me to contest their 'proposed resolution" which I fully intend to put forth. Still, I find their actions not only untimely (I pledged two full days AFTER I was sent my distribution check) but also, a thinly veiled attempt to appropriate what was already mine as a non-employee. I had resiged, actually four months before I had to plea and was considered a inactive employee - fully resigned and, in their words "retired."

Can you shed any light on my chances to get my investment funds back? I am a pauper without my paltry savings and cannot even appropriately bury my own father when the time comes. Thank you in advance for your assistance. Any guidance would be greately appreciated!

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