Legal Question in Employment Law in Indiana

401k Benefits

How many days does an employer and their plan holder have to send a 401k check to a former employee? I left a company 12 weeks ago, and elected to 'cash out' my 401k account. The employer blames the plan holder, and the plan holder blames the employer. I am tired of waiting, and would like to take legal action if it is possible.


Asked on 2/08/01, 2:06 pm

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: 401k Benefits

Typically, the plan has the obligation to cash out. I don't know what the terms are of your plan. Perhaps, if I sent them a letter they might get off their behinds and send you the money. I charge $150 per hour. I will need to review all of your paperwork etc... My standard retainer for this type of thing is $500. If that is acceptable, let me know and I can send you a retainer agreement.

Best regards,

Michael Cortson

attorney at law

219-340-3890

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Answered on 3/21/01, 8:54 am


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