Legal fight with employer for my 3 year fully vested 401K benefits on wrongful termination:

[punter]

Jurisdiction

Virginia

My H1-B picked up in the 2018 lottery with my future employer and not with my current employer. Currently, I am on STEM CAP GAP extension with current employer. I would get my fully 3 year 401K benefits in 5 days with the current employer.

However, company is trying to terminate me before 3 years (5 days are left) by saying that STEM CAP GAP is not valid to work with them even though it is valid work permit.

I am planning to go legal fight with current employer on my 401K benefits because they are trying to make me ineligible for company vested 401K money (fully 3 year benefits) with last minute termination (5 days to 3 years).

Previously, they did same thing to my former colleague. Now, they are doing same thing to me. They also cheated me not sponsoring my H1-B this year and also saying 10 days before the lottery.

Please advice. What are my chances to win this legal battle against employer on my 401K benefits?

 

[cbg]

They're not terming you. They're accepting your resignation effective immediately. It was very unwise of you to let them know you were leaving so soon before you vested, but that was your mistake, not anything illegal on their part.