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Manager saying ******

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Dempsey2016

Junior Member
My state is Washington State.
I was in my managers office one day and talking about drawling money from my 401K cause I couldn't borrow it from my sister and she said to me let the ****** file bankruptcy why she said it cause it was me not my sister that needed money and I was within my rights to with draw. This has been bothering me for along time. I didn't do anything cause I needed my job, Now I was laid off in 2008 and it still bothers me. Any advice?
 


quincy

Senior Member
My state is Washington State.
I was in my managers office one day and talking about drawling money from my 401K cause I couldn't borrow it from my sister and she said to me let the ****** file bankruptcy why she said it cause it was me not my sister that needed money and I was within my rights to with draw. This has been bothering me for along time. I didn't do anything cause I needed my job, Now I was laid off in 2008 and it still bothers me. Any advice?
Advice? Sure. Let it go.
 

justalayman

Senior Member
I feel bad for your spouse. The last time he left his socks on the floor or if a wife, the last time she left the toilet seat up must be consuming your life.


Seriously, 7+years ago and this still bothers you?

It's time to seek medical help.
 

quincy

Senior Member
My state is Washington State.
... she said to me let the ****** file bankruptcy ...
Not only is 7+ years a long time to let a manager's name-calling bother you, in the whole scheme of things, being called an asterisk, or even a bunch of asterisks, is really not all that bad. ;)
 

Proserpina

Senior Member
I must be missing something.

I'm completely not even loosely understanding the original post. It reads, to me, like "The manager said let (somebody?) file for bankruptcy" while in a discussion with the OP about withdrawing from the OP's 401k because OP couldn't borrow from his/her sister ...

Help please?
 

quincy

Senior Member
I must be missing something.

I'm completely not even loosely understanding the original post. It reads, to me, like "The manager said let (somebody?) file for bankruptcy" while in a discussion with the OP about withdrawing from the OP's 401k because OP couldn't borrow from his/her sister ...

Help please?
The thread that had no content was easier to understand. :)
 

OHRoadwarrior

Senior Member
I believe OP is having some life event that revived this and wants to know if it is actionable, when I believe said manager was suggesting that since retirement wages are protected in a bankruptcy, instead of withdrawl, OP should investigate bankruptcy to not lose their retirement saving.
 

cbg

I'm a Northern Girl
Two things:

1.) Federal law limits when/for what reasons you may take money from your 401(k). The fact that it was for you and not your sister who needed it does not mean the employer was wrong to deny you. They may have been required to deny you.

2.) Referring to you by a vulgar word was not actionable then, and it is not actionable seven years after the fact. It was rude; it was unprofessional. It was not actionable. There is nothing for you to do now - there was nothing you could have done then.
 

Zigner

Senior Member, Non-Attorney
My state is Washington State.
I was in my managers office one day and talking about drawling money from my 401K cause I couldn't borrow it from my sister and she said to me let the ****** file bankruptcy why she said it cause it was me not my sister that needed money and I was within my rights to with draw. This has been bothering me for along time. I didn't do anything cause I needed my job, Now I was laid off in 2008 and it still bothers me. Any advice?
I'll rewrite this so that others can understand it. It doesn't change the advice (let it go), but it may make it more clear for others. I will write this from your perspective:

I asked my manager if I could take a draw from my 401k. I explained that I had tried to borrow it from my sister, but my sister wasn't able to loan it to me. My manager must have misunderstood because she told me "Let the <female dog> file bankruptcy". I don't know why she said it, because it wasn't my sister who needed the money. I was well within my rights to take a draw against my 401k.
 

Eekamouse

Senior Member
I'll rewrite this so that others can understand it. It doesn't change the advice (let it go), but it may make it more clear for others. I will write this from your perspective:

I asked my manager if I could take a draw from my 401k. I explained that I had tried to borrow it from my sister, but my sister wasn't able to loan it to me. My manager must have misunderstood because she told me "Let the <female dog> file bankruptcy". I don't know why she said it, because it wasn't my sister who needed the money. I was well within my rights to take a draw against my 401k.
And 7+ later, this is still eating at OP? Talk about focusing on the stuff that totally doesn't matter anymore. :rolleyes:
 

cbg

I'm a Northern Girl
And since I have a little time today, I'm going to go into greater detail as well.

401(k)s are heavily regulated at the Federal level. Not all plans allow withdrawals in the first place, and those which do BY LAW are limited on when a withdrawal can be taken. Unless the plan in question not only permitted withdrawals but the reason for the withdrawal was for one of the very limited reasons the IRS permits, the employer was not only within their rights to deny the withdrawal, they very well may have be required by law to deny it. The OP does NOT have an unqualified right under the law to make a withdrawal.

I can't help wondering if the manager's reaction, which I do not deny was unprofessional and rude, was made after making several unsuccessful attempts to explain the above to the OP. However, whether I am right or wrong about that, it does not change the fact that the OP has no legal recourse, then or now, about being called a vulgar name, and if it is bothering her that much this long after the fact, if psychiatric care might not be the best solution.
 

Dandy Don

Senior Member
It was rude and unprofessional of the manager to respond to you that way, but she actually did you a favor. She may not have known how to express it clearly, but she may have known that any withdrawal you made was going to be heavily taxed by the IRS (I don't remember the exact figure but they may take approximately 60% or more as taxes) and so she may have been suggesting that it's better for you not to take the money out and instead let the money stay in there and accrue for the purposes of being there when you are ready to retire.
 

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