Fired

questions & answers

Question:

mi pregunta es ,me dieron ley off y mi compania no me ha pagado mis vacaciones y mi 401k esta conjelado quiero saber que dercos tengo

 "My question is, I got laid off and my company has not paid for my vacation time, and my 401K is frozen, I would like to know what are my rights."

Answer:

The answer to this question depends on a number of factors and cannot be answered fully without getting an understanding of more facts, so you may want to consult a lawyer personally. Look at the article titled "Where to find an attorney for specific legal advice" for phone numbers of places that may be able to assist you.

That said, generally, your 401K cannot be frozen assuming taht the money you put in is either your or that your rights to the money have fully vested. If so, you have the right to access the money, subject to IRS and plan rules, and the right to roll it out of the 401K and into an IRA. If the money in the 401k is not yours and is instead matching money that you are not vested in, then you do not have a right to it. In regard to vacation pay, the answer is maybe. It depends on how your company handles vacation pay and what they have done in the past. If they allow vacation time to accrue from year-to-year and have paid other employees for that time, then yes you are owed payment for your vacation time.

Please remember you really need to consult with an attorney for the full and complete answer to this question