Just quit my job and still waiting for last check and 401k papers...what is up? I know they are mad i resign?
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Just quit my job and still waiting for last check and 401k papers...what is up? I know they are mad i resign?
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left not on the best terms and worried they will keep last check for accusing me of alleged missing computer files (not taken) just to have something against me to protect themselves for saying i would talk to a lawyer...what is my rights?
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michr
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1. what state
2. the law varies from state to state on when you must receive your last pay. check this link to see when your state require payment:
http://www.nolo.com/article.cfm/objectID/7D5D0C62-9CB1-47F8-BA6C70E1318E65FE/111/259/188/ART/
3. your pay can not be held in any state and in almost all states no deductions are allowed unless they are for your benefit.
4. an attorney is not needed the states department of labor will deal with this for you. to file a wage claim if you need to(first you must determine if they have violated the law) go to your states department of labor website and file a wage claim:
http://www.dol.gov/esa/contacts/state_of.htm
5. the 401(k) is regulated by the US Department of Labor under ERISA. for information about your 401(k):
http://www.dol.gov/ebsa/publications/401kplans.html |
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Kay
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You have right for your pay check and 401k paper. Call or write and demand the payment. Also, within 60 days of employment termination, you can tax free transfer the balance of 401k to Traditional IRA (or any of the qualified retirement plan, i.e. 401k of new company you would be working). Don't keep the 401k balance with your old company. Be sure to do the tax free transfer within 60 days. After 60 days, you have to pay tax on profit portion of 401K balance on balance transfer. |
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