I was recently asked to resign my position by my board of directors. I agreed to do so. At the time of my resignation, I had an unpaid balance from a payroll advance. My board is delaying giving me my 401 (k) while trying to determine if they can force me to repay that unpaid advance with my 401 (k) money. I am fully vested, and there is no "delay" provision in my 401 (k) plan. The bank employee who is responsible for processing the disbursement told me directly he is just waiting for the plan administrator's approval and signature. (It's a small company--11 employees in the 401 (k) plan.) I was told by a former co-worker they could not "do" this--they were required to give me my 401 (k) and sue me for the advance I haven't repaid. Who is right?