[mariab31]

I was terminated from my job on September 28, 2012... I called to withdraw my 401 k cirs and they told me I could not withdraw at the time due to an overwhelming amount of calls to withdraw and that I should call back in November. I was collecting unemployment. I just landed a job and have started working. I just got my paycheck and have noticed that 401 k is taking out money. I called them up and asked why and they told me because my employee sent a list of all the new employees and that I would not be able to withdraw now. I did not want to roll over. She told me it was because my employee falls under the same umbrella and I had no choice. This is insane!. I should have the right to withdraw because they were at fault for not allowing me to do so when I called. Can they do this?? This is my money!!

[talaniman]

Your plan was rolled over for you, and unless you meet requirements of early withdrawal, then you cannot just take your money when you want it. Read your plan rules.

[ebaines]

Please clarify something: is your new job with the same company as the one that terminated you? Because the 401(k) plan with your new employer should not have any tie at all to the 401(k) plan with your old employer unless it's the same plan under the same employer. Also, it sounds like your new employer automatically enrolled you in their 401(k) plan - that's pretty common, but you do have a choice to opt out if you want. But as an active employee you can not take withdrawals unless you're over 59-1/2, and even then some plans don't allow it. You may want to consider taking a loan from the plan as opposed to a withdrawal - that way you avoid taxes and penalties, and the interest that you pay on that loan is to yourself.