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Legal advice needed in regards to a past employer! Note: we are WI residents!?

So here's the scoop. My fiancee is a Physician's Assistant who was recently forced to resign from a healthcare corporation with no clear cause. The only thing that was clear was her end date, which was May 31st. Needless to say, this has put us through some financial strife, and so she needs to withdraw from her 401K account. However, in order to avoid the penalties, she needs to demonstrate that we are going through hardship. NOW.... she told the retirement office that she is unemployed for the time being, and this -evidently- is sufficient cause for wavering the withdrawal penalties, BUT... every time the retirement office has contacted her previous employer (which has been every day), they claim that she is still a current employee. The problem is that HR hasn't taken the 30 seconds it takes to remove her from their database. It is now June 12. which is thirteen days after her termination, and she is still listed as a current employee. In spite of continued efforts to explain to them why they need to fix this, they have lied to us and claimed that it'll be done, "within the next couple of business days," and dragged their feet on it. Now they're simply stone-walling her. PLEASE tell me that there is something illegal about this! They are interfering with our livelihood by refusing to do their jobs! Are there any court cases in WI -or, for that matter, federal cases- that have ruled against this kind of BS? We need leverage here!

Thanks in advance for your help!

-L

3 Answers

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  • 7 years ago

    Not likely there's any kind of violation here. She's been gone less than two weeks and it probably takes a full pay cycle to get her out of the system. Chances are she hasn't even missed a paycheck, so chill. Harassing her employer about this isn't going to encourage them to do anything to help you out.

  • 7 years ago

    OKAY... I should add that she received this letter in January of 2014. The termination date was already predetermined by the company long before her official date of resignation/termination, They knew the date of her departure before she did. She did not decide on this date... THEY did. And now they are holding on to her as a current/active employee in spite of the fact that they have already decided when she is leaving the company. Why are the doing this? Well, your guess is as good as mine, but knowing their history, I really don't put it past them to behave negligently just to hurt someone. These are downright evil corporate ***** that we're dealing with here. And yes, knowing their history, they ARE willing to be vindictively negligent.

    So please.. who knows of a case in WI or the Supreme Court that has already addressed this situation?

  • ?
    Lv 7
    7 years ago

    Incompetence isn't a criminal act but if you can "prove" that their delays are intentional then you can proceed in civil court and perhaps can win a judgement. Good Luck

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