401k being held hostage

[yankees98a]

NY
I terminated my employment and relationship with an employer the first week of November. They refuse to release my 401k to me till mid-Feb at the earliest. They are telling the 401k company I am still an employee. What rights do I have?

 

[cbg]

You have the right to ask for a copy of the plan document to see for yourself when distribution is due.

However, be advised that not all plans provide for immediate or as-requested distribution. There are plenty of plans where distributions are made only once a quarter, semi-annually, or even annually (I don't believe they can legally be less often than that). If the plan document states that the next distribution date is in February, then there is NOTHING you can do to force them to release it earlier - they would be in violation of the law if they DID release it earlier.

If, however, the plan document says that distribution can be made at any time, THEN you can contact the US DOL for assistance. But check the plan document FIRST. It is by no means a guarantee that you can move the funds any time you want to.