Ex-employer has not released my 401K fund
<p>I left my ex-employer about two years ago. My ex-employer/plan administrator denied signing my distribution/withdrawal papers. There was a police report filed against me a month after I left the company; probably an embezzlement case.</p>

<p>Can the ex-employer/plan admin hold my 401K for this reason or any other reason?</p>

<p>As a general rule, a 401(k) is not held up by pending disputes with the former employer. You may want to have counsel to handle the communications and you may want to have counsel communicate directly with the plan administration company which may be someone other than an employee at the past employer. But, as BlueDogRanch notes, the priority may be dealing with a possible criminal charge. </p>

<p>The 401(k) money isn't going anywhere and delay in distributing it isn't going to harm you much.</p>

united-states