Can a company withhold my ESOP at termination of employment in New York State? I am being layed off after 8 years and am fully vested but the company says I have to wait until 62 to collect the ESOP. I didn't quit, they terminated me due to lack of workload. I don't want to leave my ESOP at their mercy to lose for me. It's my retirement money and I want to roll it over into something I can control. I am 58 years old . Can anyone give me some answers? I have until Nov 6, 2009 to work.