What are you talking about?
Your hubby just needs to go to whatever IRA custodian he wants to use (ie Vanguard, Fidelity, a brokerage account), and do the 401K rollover paperwork. The new custodian will handle everything.
You don't ask the company he works for to give him his 401k money. That's not how it works. In fact, they CAN'T give him the 401k money. He would have to go through the plan trustee which is NOT his former employer.
If your hubby takes possession of the money, he will pay not just ordinary income tax on it, but also a tax penalty for early withdrawal. Depending on how much is in there he could lose 40% or so.
I don;t know who hubby is talking to but his old company has nothing to do with the 401k - just do a direct rollover to an IRA - contact the 401k administrator and see if they can just roll you directly into an IRA with them
He needs to request to rollover the amount in his 401k. If they still choose not to release the money, I would sue and take them to court for it. They legally have to give you your money. Good luck!
Has he done the required paperwork requesting the withdrawal or rollover? When?