401k versus retirement

What is the name of your state? new york
upon being severed by my employer, they advised me that they would send a seperation package that included several months severence pay, vested 401k retirement benefits,(both company and personal contributed) and company allocated reitirement package. Since that conversation took place, they have stalled sending package and my question basically is there any legal way they can with hold any of the three items mentioned above? I have waited for 2 months and they do not answer all my emails.

[Beth3]

Providing severance is always the employer's option so unless you have an employment contract specifying that they must do so, (which includes any waiver or separation agreement you signed in exchange for severance), then unfortunately you're SOL if they've changed their minds. You do however OWN the monies in the employer's 401(k) plan under the terms of the employer's 401(k) Plan Document.

I would certainly expect that the 401(k) Plan has a trustee - that is a bank or investment firm who actually manages the money and does most of the administration. You should contact them directly to discuss withdrawing your 401(k) funds.

[cbg]

Just one thing to keep in mind regarding the 401k plan. Not all plans permit funds to be disbursed immediately upon termination. Some of them, particularly smaller plans, only allow disbursement at certain, specified times of the year. The plan administrator or trustee will be able to tell you whether or not this is the case with your plan.

Also, all your employer can do at this time, is send you the forms which you need to complete, telling them where you want the funds sent - i.e., another 401k, an IRA, directly to you, etc. If you have over $5,000 in your account, they MAY NOT, by law, send you the funds without this direction from you. If you have under $5,000, they MAY send it to you directly, but ONLY after deducting taxes and penalties, because of the pre-tax nature of the plan. It is to your benefit that they NOT send you the funds without this direction from you.