I hear the weight of this journey in every word, and frankly, it is a story that needs to be told. To do everything “by the book” only to find out the book was missing several chapters on self-preservation is a betrayal that goes beyond just financial loss. It’s a violation of the professional “social contract” you thought you were signing.
The situation with your 401(k) is particularly egregious. For a firm to have an employee enroll and then fail to transmit those funds is often more than a “glitch”—it can be a serious Department of Labor violation.
Here is a breakdown of where things stand and how you might pivot from this “ironic” holding pattern.
The Reality of Your Current Standing
| Challenge | The Hard Truth | The Silver Lining |
| The 401(k) Ghosting | Seven years of compound interest and matching are gone, which is a significant hit to your “future self.” | You now have the ultimate “buyer beware” expertise. You will never be a passive passenger in your own payroll again. |
| The Non-Compete | It effectively “exiled” you from your local network in New Mexico at a time when you needed it most. | It forced you into a diverse “survival” skillset (bookkeeping, gig work) that shows immense grit to future employers. |
| The MBA Debt | It feels like an anchor when the job market is stagnant, especially with childcare costs looming. | It’s a credential that doesn’t expire. Once the market shifts or the non-compete window closes, it remains a competitive edge. |
A Note on New Mexico Non-Competes
You mentioned being barred for two years. It is worth noting that in recent years, the legal tide has turned sharply against broad non-competes. While it may be too late to undo the time you’ve already lost, many states (and the federal government via the FTC) have moved to ban or severely limit these agreements because they stifle workers’ rights. If you haven’t already, a quick consultation with an employment lawyer might clarify if that “formality” was even enforceable to begin with—or if there is any recourse for the missing retirement funds.
Advocating for the Next Chapter
You are currently in the “messy middle,” but the lessons you are preparing for your daughter are the most valuable assets you’ve gained. You’ve moved from blind loyalty to informed autonomy.
The “gig work” you’re doing now isn’t a sign of failure; it’s a bridge. When you finally sit in that next interview for a long-term role, your story isn’t just about PR and communications; it’s about a professional who managed a crisis, navigated a legal hurdle, and maintained a household through sheer tenacity.
