1. Old 401(k)
  2. Your old 401(k) after a layoff

Your old 401(k) after a layoff

Leave it, move it, or cash it out

Zach Kazanski

By Zach Kazanski

Last updated on September 15, 2026Fact checked

Nothing forces a decision in the first 60 days, unless you have a 401(k) loan or $7,000 or less in the account. 4 options, what each costs in taxes and fees, and the catch with each.

The short version

Your old 401(k) might be the biggest pile of money tied to your old job. It's also the one thing after a layoff that usually doesn't need a decision this month.

That's worth knowing, because the first week is when the sales calls start. Unless you have a 401(k) loan or $7,000 or less in the account, you can take your time with all 4 options.

The short version: leaving it takes zero effort. Moving it to an IRA gives you one account you control. Moving it to a new job's plan keeps things tidy, if you have one. Cashing it out gets you money now, at a real cost - on $20,000 under 55, $4,400 to $6,400 can go to federal tax and the 10% additional tax, before state tax.

Compare all 4 options

The numbers side by side. Tap an option to jump to its full breakdown.

Compare all 4 options
OptionTaxes nowYearly feesAge-55 exceptionGet help with this
Leave it

Best for a low-cost plan or leaving at 55+

$0Set by your old planKeptGet help
Move it to an IRA

Best for one account with more investment choices

$0 with a direct transferNear $0 to 1%+Lost until 59½Get help
Move it to a new job's 401(k)

Best for a new job with a low-cost plan

$0 with a direct transferSet by the new planTied to the new jobGet help
Cash it out

Best for a cash emergency with no cheaper fix

Income tax + 10% if under 55None after payoutSkips 10% if 55+ this yearGet help

Your options

4 real options, broken down: what each one costs, who it fits, and the catch. "Best for" describes a situation, not a ranking, and none of these pay us.

Best for a low-cost plan or leaving at 55+

Leave it

Get help with this

Free. We reply within one business day.

Taxes now
$0
Yearly fees
Set by your old plan
Age-55 exception
Kept
Deadline
None above $7,000
Creditor protection
Unlimited under ERISA
Taxes, fees, and deadlines
  • $0Tax to leave it where it is
  • $7,000At or under this, the plan can move it out without asking
  • 55Leave in or after the year you turn 55 and payouts here skip the 10% tax
  • $0New paycheck contributions once you're off payroll
  • Tax dayDeadline to put an offset 401(k) loan into an IRA, with extensions
  • 73Age required withdrawals start
The details
  • The money stays in the same funds, and statements keep coming from the same company (Fidelity, Empower, Vanguard, and so on).
  • Money you put in is 100% yours. Employer money follows the plan's vesting schedule, so unvested amounts can be lost when you leave.
  • Balance of $7,000 or less, not counting money you moved in from an earlier job? The plan can pay it out after sending notice. Over $1,000 goes to an IRA the plan picks. At $1,000 or less, you can get a check with 20% withheld.
  • Leave in or after the year you turn 55 and withdrawals from this plan skip the 10% additional tax. For qualified public safety workers, it's age 50 or 25 years of service.
  • Leaving it doesn't pause a 401(k) loan. When the plan subtracts an unpaid loan in good standing from your balance after you leave, you have until your tax filing deadline, including extensions, to put that amount into an IRA and keep it from being taxed.
  • Under federal law, 401(k) money has unlimited protection from creditors. For IRAs, protection outside bankruptcy depends on your state.
  • Big plans can offer lower-cost institutional fund shares that aren't available in an IRA.
  • Lose track of it later? The DOL's Retirement Savings Lost and Found database searches for old plans by Social Security number.

Sources:IRS: Exceptions to the 10% taxIRS Notice 2026-13IRS: Form 1099-R instructionsIRS: Plan loan FAQsFINRA Regulatory Notice 13-45DOL: Retirement Savings Lost and Found

LayoffGuide.com's take

Leave it and nothing changes: same funds, same statements, no tax. It works well if your old plan's fees are low, or if you left in the year you turned 55 or later, since this plan lets you take money out without the 10% tax. The catch is drift - you can't add to it, and an old account with an old address is how money goes missing.

Pros

  • No tax, no paperwork
  • Keeps the age-55 exception
  • Unlimited creditor protection
  • Possibly cheaper funds

Cons

  • Can't add new money
  • Easy to lose track of
  • Stuck with the plan's menu
  • Small balances can be moved

If the catch is a dealbreaker: Want one account with more choices? A direct transfer to an IRA has no tax and no withholding.

Best for one account with more investment choices

Move it to an IRA

Get help with this

Free. We reply within one business day.

Taxes now
$0 with a direct transfer
Yearly fees
Near $0 to 1%+
Age-55 exception
Lost until 59½
Loans
Not allowed
Creditor protection
Depends on your state
Taxes, fees, and limits
  • $0Tax or withholding on a direct transfer from the plan
  • 20%Withheld if the plan pays you instead of the IRA
  • 60 daysTo deposit a check paid to you, making up the 20% from other money
  • $30,000About what a 1% fee costs vs 0.25% on $100,000 over 20 years (SEC)
  • $7,5002026 IRA contribution limit, $8,600 at 50+
  • No loansBorrowing from an IRA makes the whole account taxable
  • 59½Age when IRA withdrawals skip the 10% tax
The details
  • Open the IRA first, then ask for a direct transfer: the plan sends the money to the IRA company, or makes the check out to it. No tax and nothing withheld.
  • The once-every-12-months limit on IRA-to-IRA moves doesn't apply to money coming from a 401(k).
  • Roth 401(k) money moves to a Roth IRA with no tax. The Roth IRA's 5-year clock counts from your first Roth IRA contribution, not your first Roth 401(k) contribution, so with no Roth IRA yet, the clock starts the year you move it.
  • After-tax money in the plan can go to a Roth IRA while the pre-tax money goes to a traditional IRA, as part of the same payout.
  • IRAs lose the age-55 exception but add others: health insurance premiums after 12 weeks of unemployment pay, college costs, and up to $10,000 for a first home.
  • A pre-tax IRA balance makes a later backdoor Roth partly taxable, because Form 8606 counts all your traditional IRA money.
  • Company stock in the plan? Check its net unrealized appreciation with the plan first - moving the shares into an IRA gives up that tax treatment.
  • In federal bankruptcy, money moved in from a 401(k) is fully protected and doesn't count toward the $1,711,975 IRA cap. Outside bankruptcy, protection depends on state law.
  • The person pitching the move may earn a commission or fee from it. BrokerCheck shows how they're registered.

Sources:IRS: Moving retirement moneyIRS Notice 2026-13IRS: After-tax contributionsIRS: 2026 contribution limitsSEC: How fees affect your portfolioFederal Register: Bankruptcy amounts

LayoffGuide.com's take

A direct transfer puts the money in an IRA in your name, with no tax and nothing withheld. It suits people who want one account and more choices than a plan menu. The catch: you're the fee police now, and if you left at 55 or older, money taken out before 59½ faces the 10% tax again.

Pros

  • No tax with direct transfer
  • Wide investment choices
  • One login for old jobs
  • Extra IRA-only exceptions

Cons

  • Loses age-55 exception
  • No loans
  • Fees vary widely
  • Complicates a backdoor Roth

If the catch is a dealbreaker: Between 55 and 59½ and likely to need the money? Leaving it in the plan keeps the penalty exception.

Best for a new job with a low-cost plan

Move it to a new job's 401(k)

Get help with this

Free. We reply within one business day.

Taxes now
$0 with a direct transfer
Yearly fees
Set by the new plan
Age-55 exception
Tied to the new job
Loans
If the new plan offers them
Needs
A plan that accepts it
Taxes, limits, and loans
  • $0Tax or withholding on a direct transfer between plans
  • $50,000Loan cap, or half your vested balance if that's less
  • $24,5002026 limit on what you put in from your paycheck
  • $8,000Extra catch-up at 50+ in 2026, $11,250 at ages 60-63
  • 73Required withdrawals can wait past this while you still work there
  • No capFederal creditor protection under ERISA
The details
  • Plans don't have to take money from an old plan. HR or the new plan's administrator can tell you whether it accepts a direct transfer.
  • Once it's in, the new plan's rules apply: its funds, fees, loan options, and withdrawal rules.
  • The age-55 exception follows your departure from the new employer, so it doesn't help while you still work there.
  • Roth 401(k) money moved by direct transfer keeps its 5-year clock, counted from your first Roth contribution at either plan.
  • Pre-tax money in a 401(k) doesn't count against a backdoor Roth the way a pre-tax IRA balance does.
  • Required withdrawals from your current employer's plan can wait until you retire, unless you own 5% of the company. Old plans and IRAs start at 73.
  • Company stock with net unrealized appreciation generally loses that tax treatment if you move the shares into another plan.

Sources:IRS Notice 2026-13IRS: RMD FAQsIRS: Designated Roth account FAQsFINRA: Your 401(k) choices

LayoffGuide.com's take

A direct transfer folds the old account into your next employer's plan, with no tax. It suits anyone starting a job with a solid, low-cost plan who wants one account and access to loans. The catch: you need the job first, and the plan has to say yes.

Pros

  • No tax with direct transfer
  • One account, still ERISA
  • Loans if the plan allows
  • Keeps backdoor Roth clean

Cons

  • Need the new job first
  • Limited to plan's menu
  • Plan may not accept it

If the catch is a dealbreaker: No new job yet? Leaving it in the old plan keeps this move open for later.

Best for a cash emergency with no cheaper fix

Cash it out

Get help with this

Free. We reply within one business day.

Taxes now
Income tax + 10% if under 55
Yearly fees
None after payout
Age-55 exception
Skips 10% if 55+ this year
Withheld up front
20% federal
Kept on $20,000
$13,600 to $15,600
What $20,000 turns into (under 55)
  • $20,000Balance cashed out, before state tax
  • $4,000Withheld up front, so the check is $16,000
  • $2,00010% additional tax for leaving before the year you turn 55
  • $2,400Federal income tax in the 12% bracket
  • $4,400Federal income tax in the 22% bracket
  • $15,600Kept in the 12% bracket
  • $13,600Kept in the 22% bracket
The details
  • The plan withholds 20% for federal tax. If your actual bill is higher, you pay the rest when you file. If it's lower, you get the difference back.
  • In the 12% bracket, $20,000 owes $4,400 in total, about $400 more than was withheld. In the 22% bracket it owes $6,400, about $2,400 more at filing.
  • The payout counts as income for the year and can push part of it into a higher bracket. For a single filer in 2026, the 12% bracket runs to $50,400 of taxable income and the 22% bracket to $105,700.
  • State income tax can add more, depending on where you live.
  • Left this job in or after the year you turned 55? The 10% tax doesn't apply to this plan's payout, though income tax still does. For qualified public safety workers, it's age 50 or 25 years of service.
  • Other exceptions to the 10% tax include total and permanent disability, terminal illness, and 1 emergency withdrawal of up to $1,000 a year if the plan offers it.
  • Changed your mind? You have 60 days to deposit the money in an IRA, including the withheld 20% from other funds, and undo the tax.
  • Company stock taken out as shares in one lump sum may qualify for net unrealized appreciation treatment. The plan can give you the number before you sell.

Sources:IRS Notice 2026-13IRS: 2026 tax bracketsIRS: Moving retirement moneyIRS Topic 412: Company stock

LayoffGuide.com's take

The plan sends you the money, minus 20% withheld. It fits a real cash emergency where cheaper help is out of reach, or anyone who left in the year they turned 55 or later, since they skip the 10% tax. The catch is the math: $20,000 under 55 leaves $13,600 to $15,600, before state tax.

Pros

  • Cash in hand
  • No credit check
  • No loan to repay

Cons

  • Income tax plus 10%
  • 20% withheld up front
  • Ends tax-deferred growth
  • Can raise your bracket

If the catch is a dealbreaker: For bills, lender hardship programs and nonprofit credit counseling cost less than 10% off the top - our bills guide lists them.

How to decide

  • Do you have a 401(k) loan? That's the one with a real deadline. Many plans close the loan when you leave, and the unpaid amount counts as a withdrawal unless you put it into an IRA by your tax filing deadline, including extensions.
  • Are you leaving in the year you turn 55 or later? Then money taken from this plan skips the 10% additional tax (for qualified public safety workers, it's 50). Moving it to an IRA gives that up until 59½.
  • Is the balance $7,000 or less? The plan can move it for you after sending notice, if you don't pick first.
  • What are you paying in fees? Your statement or the plan's fee disclosure shows it. IRA fees range from near $0 to more than 1% a year.
  • Do you need the cash for bills? Compare it with lender hardship programs and nonprofit credit counseling first. Our bills guide covers both, and neither one costs 10% off the top.
  • Find out when your 401(k) loan comes due. Myth: you have 60 days to pay it back. Fact: many plans close the loan when you leave, and the unpaid amount counts as a withdrawal. If the loan was in good standing, you have until your tax filing deadline for that year, including extensions, to put that amount into an IRA and skip the tax. A loan already in default before you left doesn't get that extra time. (IRS: plan loan offsets)
  • Someone called about it? Look them up first. BrokerCheck and the SEC adviser search show registration, past firms, and complaints. Someone who shows up in neither isn't registered to sell securities or give investment advice. Insurance agents are licensed by your state instead.

This week

  • Download your latest statement. It shows the balance, any loan, and which company runs the plan (Fidelity, Vanguard, Empower, and so on). Every option starts there.

This month

  • Balance of $7,000 or less? The plan can move it if you don't pick. The plan sends a notice first. Between $1,000 and $7,000, the money can land in an IRA the plan picks. At $1,000 or less, the plan can mail you a check with tax withheld. (IRS: Form 1099-R instructions (automatic rollovers))
  • Got a check for $1,000 or less? You have 60 days. Tax is withheld from it. Depositing the full pre-withholding amount in an IRA within 60 days - making up the withheld part from other money - keeps it from counting as income. (IRS: rollovers of retirement plan distributions)
  • Leaving in the year you turn 55 or later changes the penalty. Money taken from this job's 401(k) skips the 10% early-withdrawal penalty. Moving it to an IRA gives up that exception until 59½. (IRS: exceptions to the 10% tax)

Warning signs

  • A check made out to you "to deposit in the new account". That starts a 60-day clock and 20% gets withheld, which you'd have to cover out of pocket to move the full amount. A direct transfer between institutions avoids both.
  • A pitch for an annuity or a "guaranteed" return. These often carry high fees and years of surrender charges. 'Guaranteed' is doing a lot of work in that sentence.
  • Anyone you can't find on BrokerCheck. Checking takes 30 seconds.

Questions people ask

What happens to my 401(k) when I get laid off?

It stays yours. The money you put in is 100% yours, and employer contributions follow the plan's vesting schedule. The account stays put until you pick something, unless the balance is $7,000 or less.

How much tax do I pay if I cash out my 401(k)?

Income tax on the full amount, plus a 10% additional tax if you're under 59½ - unless you left this job in or after the year you turned 55. The plan withholds 20% up front. On $20,000, federal tax plus the 10% comes to $4,400 in the 12% bracket or $6,400 in the 22% bracket, before state tax.

Is moving a 401(k) to an IRA taxed?

Not with a direct transfer from a traditional 401(k) to a traditional IRA, or from a Roth 401(k) to a Roth IRA. Moving pre-tax money into a Roth IRA is taxed.

Free help

Our free concierge, plus the public agencies, regulators, and nonprofits worth knowing. None of them pay us.

How we choose the options on this page

No brokerage, IRA provider, or adviser pays us, so nothing on this page is steering your money anywhere. We compare the 4 things you can do with an old 401(k) on the numbers that change your balance: taxes, penalties, fees, and deadlines.

16Official sources checked

4Options compared

September 15, 2026Last verified

What we weigh

Taxes and penalties now

What comes out the moment you act, including the 20% withholding and the 10% additional tax before 59½.

Tax examples are federal and rough - state tax varies. Every rule links to the IRS, the Department of Labor, or FINRA. We describe options; we don't manage money or give investment advice.

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