Ask for a copy of the plan guidelines that were in effect when you were employed there. If it were set for 20% vesting with each plan anniversary and you were there just under 3 years then you should be vested for 40% of your first year contribution, 20% of your second, and 0% thereafter. Your guidelines may say something different, but that is pretty normal for vesting (I refuse to work with contracts that have vesting clauses).
The unfortunate truth is the HR people know next to nothing about the 401K plans. They didn't set them up, they don't administer them, and they have no authority over them. ONLY a registered advisor can talk to you about your investments, etc. The HR person has no role other than handing you the paperwork at appropriate times. The company controller or owner generally sign up for whatever contract idea they were told was a good idea by the plan sponsor/advisor. The plan sponsor/advisor's goal is to get the business. They have to make the company authorities comfortable with the plan to do so - vesting is sometimes used appease cheap owners who don't want to give TOO much money to the employees, but want to LOOK like they're doing great things for the little people
IMO.
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Getting knocked down is no sin, it's not getting back up that's the sin
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