Legal fight with employer for my 3 year fully vested 401K benefits on wrongful termination:

[punter]

What is the name of your state? Virginia

My H1-B is picked up in the 2018 lottery with my future employer and not with my current employer. Currently, I am on STEM CAP GAP extension with current employer. I would get my fully 3 year 401K benefits in 5 days with the current employer.

However, company is trying to terminate me before 3 years (5 days are left) by saying that STEM CAP GAP is not valid to work with them even though it is valid work permit.

I am planning to go legal fight with current employer on my 401K benefits because they are trying to make me ineligible for company vested 401K money (fully 3 year benefits) with last minute termination (5 days to 3 years).

Previously, they did same thing to my former colleague. Now, they are doing same thing to me. They also cheated me not sponsoring my H1-B this year and also saying 10 days before the lottery.

Please advice. What are my chances to win this legal battle against employer on my 401K benefits? Thank you.

 

[FlyingRon]

The fact that you have announced intent to work elsewhere is all they need to fire you. There's nothing to fight.

 

[HRZ]

To my knowledge nothing illegal about terminating employees just a bit before a benefit vest....

 

[cbg]

If they were terming him specifically for the purpose of preventing him from vesting, that would be illegal. But that's not what's happening. He's given his notice and they're accepting it effective immediately. Nothing illegal about that.

 

[xylene]

You should consult a lawyer, your situation is complex and they apparently have a pattern of doing this.

 

[ShyCat]

I hope the OP realizes that the unvested portion is only the company match. Employee contributions are vested immediately.

 

[xylene]

I hope the OP realizes that the unvested portion is only the company match. Employee contributions are vested immediately.

As a tech worker that could easily be thousands of dollars.