I would definitely call the company that administers the plan to see if it was submitted. If you do not have sufficient funds for an attorney, you can check with Legal Aid in your area. They are a non-profit organization that provides attorneys pro bono. You might also check with your local chapter of the American Bar Association to see if they can direct you to pro bono services. The unemployment office may also be able to direct you to legal assistance. I am sorry that you were fired. It is a bad break but this may lead you to something better.

Can you speak to the company who is handling the 401K, fire example Fidelity out Prudential or who ever? That is what I did and left the employer out of it.

Charla, Look for a phone number and account number on your quarterly statements and call them directly. They should be able to direct you best. Im sure they have a customer service representative number.

Okay, first off, it's a bad idea to cash out a 401(k) and have them pay it directly to you. Such payouts are subject to withholding and you will have to pay taxes not only on the earnings, but also any contributions you made. A better solution is a rollover. If you don't have another 401(k) plan, open an IRA (Individual Retirement Account) and have them roll over the funds. You give them the plan info, they take care of the rest, no fuss or muss. But even if you get the check directly, you can open an IRA yourself, put the funds there and report it to the IRS as a rollover. But note that you can't put money into a 401(k) plan through direct contributions, and once you roll the funds into an IRA, you can't move them back into another 401(k) plan. 401(k)s can always be rolled over into another 401(k)

My husband had a profit sharing account with an employer that they dissolved. It took several months before it was paid out, and initially, they gave him a $7 check. We didn't have an IRA set up for him at the time, and didn't have the required minimum deposit, so we spent it. We had to report it on our taxes, and actually wound up having to pay about half of it to the IRS. Months later, the rest turned up in the IRA we'd set up. So it can take a while sometimes.

Also, the employer isn't really making too much money on your funds. First off, if the employer doesn't match contributions, any earnings belong to YOU, the employer can't touch the money. If they do match (rare these days), then the matching funds and associated earnings eventually become yours after a period of 'vesting' (typically 5 years). The funds gradually become yours during this period, 20% the first year, going up to 40% the following year, etc. The last employer I worked for that matched funds actually would take any amounts that weren't fully vested and divide them between the remaining plan members. Other employers might use the abandoned funds towards paying the administrative fees, which can run 2 - 10k a quarter, depending. Even if the employee is gone, the employer still has to pay the fees on their 401(k) funds in their plan.

Currently, my 401(k) is still in my former employer's account. They're paying the administrative fees, I'm getting the earnings. When I'm eligible for a 401(k) with my new employer, then I'll roll it over. Sometimes you don't have that option of letting the money sit; in that case, roll it into an IRA. Diversification of funds isn't generally a bad thing...

Charla, I feel you. The company wants to hang on to those 401 k's to make extra money. If you need to consult a lawyer try to Google "Legal Zoom" . The first call is free and they probably set yu up with someone who can help you. Also sometimes in the yellow pages at the front, there are names of organizations that could help. If not call your state board of comptrollers and talk to them. I hope this gives you some ideas and the best of luck. Lisa Renwick

Why not contact the 401k company directly. When I was laid off from my previous employer I called directly to mass mutual and they guided me thru what I needed to do. That is much simpler to me.

Hi Charla, It sounds to me like you need to talk directly with the head of human resources/benefits administration. Call to make an appointment for an in-person visit. Explain that you've left the company, would like to cash out of your plan, and have been having trouble tracking where this stands. Don't assume the person has any idea what's going on with your particular case... if someone elsewhere in the organization has not executed the right steps, he/she will have to be brought up to speed. Be firm, concise, and kind. Also - make sure to write down who-is-supposed-to-do-what (so you can follow up, if necessary) and what the time frame of the steps is supposed to be.

For what it's worth, 10 - 12 days seems very fast to cash out of a complex plan like a 401(k). Even if the 401(k) company received your paperwork in 12 days, it might take them weeks until a check is cut... but you can ask them to verify the time frame while you're untangling this mess.

You can also try to call the company who administers your former company's 401(k), but they may not be able to help much. I know it's frustrating, but - again - try to be concise and kind.... others will try to help if they can.

Does anyone else have advice for Charla? Good luck, my friend! Let us know what happens as you move forward, ok? Best, Marijoy