Legal Question in Employment Law in Minnesota
erisa law
we are a small business 2ees llc who decided to open 401k plan few years ago. we now moved to a different state and do not have any ees. we decided to close our business but have on ee who refuses to roll out his money from company 401k. we notified him few times in writing and provided him with all the forms. he does not respond even so we know that he received all of our letters. we have been corresponding with him for more than year and have copies of all the certified letters. we have to close our business by the end of this year since we do not have any clients or income from this business. our ee has more than 5k in 401k and we can not force him out. what can we do to roll all of the money out and close 401k if this ee does not respond? 401k was opened in minnesota and we now live in florida and business registered in florida but ee still lives in minnesota.
1 Answer from Attorneys
Re: erisa law
Why is the 401k a part of closing the business? Typically, they are not connected.