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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5068
Experience:  Extensive experience representing employees and management
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im a union worker going on 25 years. if i decide to open my

Resolved Question:

i'm a union worker going on 25 years. if i decide to open my own company but not stay in the union will i still be entitled to all my retirement when i reach the age to retire. of course only the 25 years i left behind.
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Joseph replied 12 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Honestly, it would be extremely rare for your union pension plan to give you full retirement while you are working.

The exact restrictions would be laid out in your union pension plan itself, but unions rarely allow employees to receive full retirement benefits while they are still working even if they are no longer doing union work.

Of course, you'd eventually be entitled to your entire pension, but your pension amount will likely be significantly reduced (or you could have some form of penalties) if you draw your pension while still working.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5068
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 12 months ago.

Let me rephrase my question. I'm in the air conditioning trade. I have been in the union for 25 years. I want to leave union and open my own shop doing air conditioning. later in life when I'm 62 and want to retire completely can i claim my 25 years of retirement from union pension that i earned while i was a union worker or and can the union legaly try to prevent me from getting my pension because i left union and opened my own shop out of union.

Expert:  Joseph replied 12 months ago.
Hello Elliot,

No, you'd still be entitled to your pension when you decide to retire. It would just complicate things if you tried to receive the pension when you hadn't retired yet.
Customer: replied 12 months ago.

Thanks Joseph.

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