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Employment Law/Collecting 401k from previous employer



 After working almost four years for a local pizza place, I decided that it was best to resign and find another place to work. My two weeks notice was given, and I found another place to work. Shortly after my separation, I received a form asking what to do with my accrued 401k. Unfortunately, I didn't reply within the 30 days noted on the form, because I wanted to make sure I know to either roll it over to an IRA, another 401k program with my current employer, or simply take the check (minus Uncle Sam's cut).

 I called the Corporate Office of my former employer on 4 Dec 2013. The HR Director was in a meeting, so I left a voicemail simply asking what the next step is. I didn't hear from her in a week so I left an additional voicemail the following week. It has been 25 days and no return phone call. What are my options to get the Company's attention that I will not be ignored? I have already e-mailed my local Department of Labor to see how they can help, but I am not sure how to go about this (especially not to burn bridges). Thanks much for your help!


Andrew - Send the HR Office a certified, return receipt letter asking how you can direct them about your 401k monies.  If you know the financial institution that manages the funds for your previous employer, do the same with them, then follow up with a phone call.  The financial company that has the money is more likely to respond, since they will be subject to greater scrutiny than the employer if anything goes wrong.

Good luck.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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