Laid off (401k and Unemployment claim question)

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
hahahamush
Posts: 2
Joined: Mon Jan 22, 2024 1:33 pm

Laid off (401k and Unemployment claim question)

Post by hahahamush »

Hi all,

Hope everyone is doing fine here.

2 weeks ago, I got laid off from a Detroit, MI based company after working more than 16 years. I was on TN work status and I was a cross border worker from Windsor, ON, Canada to Detroit almost every day. My primary home is in Windsor, ON and I've also a place that I live in Farmington Hills, MI where I stay on during some work days..

The following are my question and I'd appreciate if someone is able to answer it please.
1) Even as a cross border worker, I contributed to my company's 401k plan(as they do matching) and helped me with tax deduction all these years.
Should I withdraw the amount with penalty(I'm under 59.5 years) since, I no longer work with the company?
Or Can I ask my 401k provider to keep the amount on my account until I turn 59.5 years?
Please excuse me if this is a naive question and has been answered before.

2)My former company told that I can file for unemployment claim.,
I filed for Michigan unemployment online and it got approved for upto 20 weeks(or upto the point i find a new job, whichever is earlier)

However, I've been learning from online forums etc that I cannot request unemployment claim since I was on a TN and the TN status is valid for 60 grace days if I continue staying in the US or IF i cross the border to Canada before that, I lose my status on the day , I crossed and therefore making my TN status invalid as i won't be able to search for jobs with an expired TN(as we have to do a job search every 2 weeks in Michigan)
Has anyone here, had a similar situation after moving back to CAnada and filing unemployment claim in the US and if so, How did you go about that issue. ?

Please advise for the above 2 questions and thanks again..

Have a great day!!
nelsona
Posts: 18364
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Laid off (401k and Unemployment claim question)

Post by nelsona »

1. You can leave your 401(k) in US. It is recognized in Canada as a tax deferred pension.
2. You can collect UI, but it needs to be coordinated with Services Canada, and you must be living in Canada to collect.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
hahahamush
Posts: 2
Joined: Mon Jan 22, 2024 1:33 pm

Re: Laid off (401k and Unemployment claim question)

Post by hahahamush »

Thanks a bunch, Nelsona!!
On a lighter note, Just wondering, do you ever sleep? I'm seeing your posts all these many years..

Thanks again!!
nelsona
Posts: 18364
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Laid off (401k and Unemployment claim question)

Post by nelsona »

Yes. I am asleep right now.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Post Reply