Your Employer Cannot Decide Which Age You Should Retire

Some people avoid retirement for as long as they can, because their work gives them a feeling of purpose and community.  Others count the days until retirement once the correspondence from the AARP begins arriving, or even from the day they enter the workforce.  Even the retirement-hesitant folks tend to feel a sense of relief once they retire, though.  They might miss their friendly coworkers, but they don’t miss all the hassles of work.  They don’t miss workplace politics or undergoing performance evaluations every year.  They don’t miss having to plan family visits and social gatherings around their work schedules.  For some, retirement is a joyful occasion, a happy end to a happy career.  For others, the countdown to retirement brings out the worst in the employer-employee relationship.  In some cases, employers’ mistreatment of employees who are soon to retire counts as age discrimination.  If you saw an ugly side of your employer that you had not seen before when you announced your plans to retire, contact a Los Angeles discrimination and harassment lawyer.

Is It Age Discrimination If Your Employer Pressures You to Retire?

Age discrimination is against the law, since being above the age of 40 is a protected characteristic, just like race, religion, sex, national origin, or marital status, among other protected characteristics.  It occurs when an employer takes an adverse action against you because of your age.  That adverse action might take the form of non-renewal of your employment contract or an unfairly negative performance review.  In other words, it is age discrimination if your employer forces you to retire earlier than you planned or indirectly pressures you to retire by unfairly criticizing your work or otherwise creating a hostile work environment.  You do not have to retire until you are ready.  Employees even in their 70s have prevailed in age discrimination cases.

Is It Unlawful Retaliation If Your Employer Fires You After You Announce Your Retirement?

Whether it is legal for your employer to fire you after you announce your plans to retire has less to do with your age and more to do with the circumstances of your employment.  If you are employed on an at will basis, then your employer can fire you at any time for any reason.  That does not mean, however, that they can terminate you solely on the basis of your age. If you have an employment contract, look to its provisions to see what your employer’s rights are regarding ending the employment relationship.  It is illegal for your employer to breach the terms of your employment contract, even if it is not discrimination.

Speak With a Los Angeles Employment Discrimination Lawyer

A Los Angeles employment discrimination and retaliation lawyer can help you if your relationship with your employer turned sour after you announced your plans to retire.  Contact Litigation, P.C. in Redondo Beach, California, to discuss your situation or call (424) 284-2401.

Source:

moneywise.com/employment/63-years-and-just-got-fired-after-announcing-my-retirement