Former employer not releasing profit sharing

[prelly]

What is the name of your state?- Nebraska

My husband along with other fellow workers tried to form a union at his place of employment. They went on strike and were ultimately unsuccessful securing a contract. They went on umemployment and the employer tried to get a verdict from unemployment court that he should not pay. He loss the case and the umemployment court deemed that he indeed did "termintate" his employees. My husband is now trying to roll over his profit sharing into an IRA and the former employer will not release it. He sent my husband a certified letter stating that my husband must send him a certified letter of resignation, the paperwork to release the money must say "resigned
as employment status and then he will release the funds. So what is my husband to do? How can he resign from a job he was terminated at? If he was to write a letter of resignation then he would be in jeporady of losing his umemployment he received but the court ruled ok?? My husband got a new job in April. Strike started late December.

 

[Beth3]

In order for an employer to release the profit sharing funds (which I'm supposing are part of a deferred compensation retirement plan), an employee's employment must have ended. Since there was a strike involved, there may be some additional complexities from an NLRB/ERISA standpoint and it's possible that the employer is still listing your husband as an employee, albeit an inactive one.

In any case, what's the big deal about your husband sending the requested letter?

If he was to write a letter of resignation then he would be in jeporady of losing his umemployment he received but the court ruled ok?? I don't see how that would be possible. He's not resigning retroactively. He should just send a letter with today's date saying he is resigning.