Employer fraud

I was recently laid off and collected about 4 weeks of unemployment, which the employer tried to fight. I am now an independent contractor, not collecting unemployment, and want to roll over my 401k to an IRA. The employer won't release the 401k unless I write letter of resignation dated on the day they laid me off. I'm afraid they'll make me pay back the unemployment if I do so. This doesn't seem like normal, I feel like they're still playing games with me.

1 answer  |  asked Jan 9, 2008 9:04 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You do not have to sign a false statement to receive your 410k benefits

You are entitled to your 410k benefits and your employer must roll them over, as required by law. Your employer cannot erect additional obstacles to your receipt of your 401k benefits.

So, do not sign the resignation letter.



posted by Neil Klingshirn  |  Jan 10, 2008 12:57 PM [EST]

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