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401K Matched, but Cannot be Withdrawn

My boss owes a payroll company a lot of money. He matched my 401k monies every week by 10%. I want to take an early withdrawal because of debt issues. The company he owes money to said we only get the money we put in not the money the boss added, because he owes them money. Is this even legal?


You need some advice from an attorney who can read the 401K plan document and determine, among other things, whether your interest in the employer match portion of your account is vested. Unless those funds are completely yours under the plan, you won't be able to withdraw them. That attorney should also be able to tell you whether the third party you allude to can sabotage your withdrawal attempts, if those funds are vested.

Published on BankingQuestions.com 1/30/09