If my son’s previous employer refuses to release his 401K money, do we have any recourse?

UPDATED: Apr 16, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 16, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my son’s previous employer refuses to release his 401K money, do we have any recourse?

They laid him off 4 months ago and have not signed a release statement that he is no longer employed there.

Asked on April 16, 2012 under Employment Labor Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sometimes under an employer's 401 k plan there are set dates for the release of money under the plan. Meaning, some 401 k plans do not allow the release on monies at any time of the year. The release has to coincide with a set date under most plans. In order to ascertain when, I suggest that your son consult with the administrator of the plan after he carefully reads the terms of the plan and distribution dates.

If your son was laid off 4 months ago from work, hopefully he has made an unemployment claim.

If your son has further questions regarding his 401 k plan, I suggest he consult with his nearest department of labor about it in that this entity is in charge of overseeing such employer plans in all states in this country.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption