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Has your employment actually been terminated, or are you simply "on furlough" but still eligible to come back to full employment without a re-hiring procedure? Your actual 'employment status' MAY make a difference.

You may have to consult with legal counsel to determine under what grounds your emplioyer is withholding your 401 account from you.

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Q: You have been laid off for 5 months and your company wont release your 401 K?
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