A company can refuse to give you your 401(k) if it goes against their summary plan description. To report your New York subtractions, complete Schedule B, Part 1.Partners, S corporation shareholders, and beneficiaries. Do not fill out this application since you do not qualify for a hardship withdrawal at this time. It typically happens for one of two reasons: You weren't fully vested in the assets, or the assets have been temporarily frozen. Contact your 401(k) provider at your previous firm. It is standard procedure in the industry to cut two checks (and two 1099R forms) when pretax and Roth are distributed from the same account. I'm trying to cash out my 401k but the company is refusing to remove me from payroll. What can I do to make them take me off and let me cash out? They'll give you a form to fill out.