QUESTION

if I am illegally terminated from my job am I entitled to the 401K money that shoul have been put in my account?

Asked on Feb 15th, 2015 on Employment Contracts - North Carolina
More details to this question:
I received unemployment because i was illegally terminated therefore I want to know If my former employer should pay me the 401k money that I would have received in 2014 if i had not left that job
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
You received unemployment benefits because the Division of Employment Security determined that you met the qualifications for the benefits.  The DES does not determine whether or not you were unlawfully terminated.  Additionally, whether you were terminated unlawfully or not, you are entitled to your 401k benefits pursuant to the terms of the 401k plan.  It is impossible to know for sure, but generally there is a vesting period during which you may not be entitled to some or all of your benefits.  As such, you may not be entitled to any employer contributions for 2014 although you would be entitled to the money you contributed.  You will need to review the 401k plan or summary document to determine whether you should receive any of the money in the 401k.
Answered on Feb 16th, 2015 at 12:25 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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