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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4539
Experience:  Exclusively practice labor and employment law.
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I am is 66 years old and my employer has formally accepted

Customer Question

I am is 66 years old and my employer has formally accepted my 6 month notice of retirement. My supervisor is now aggressively pursuing job improvement from me and I am concerned that he wants to fire me. Is it legal to fire me now that I am 5 months away from retirement?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
No law per se protects someone from being terminated once they announce retirement from an organization. The issue would be deeper than that. The issue is whether the manager or employer in general is treating you adversely because either a) your age, or b) to prevent you from vesting a retirement benefit; both of which are illegal.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
How do you prove this treatment is because of either of these factors? You prove it by comparison to others not in those categories with similar situations (i.e. same job, same behavior) being treated more favorably. What this would mean in your situation is a younger or non-retiring person having committed the same or similar actions but not being disciplined.
You'll need to file a charge with the equal employment opportunity commission (EEOC) to pursue the age discrimination matter, and I'm of the belief even if your not totally sure you have an EEOC charge to file one any way to avoid being fired. The employer will likely not take any action against you while a EEOC complaint is going for fear of a retaliation claim (it's illegal to fire someone for filing a complaint) and it will take longer than 5 months for the EEOC to investigate the matter. http://www.eeoc.gov/employees/howtofile.cfm
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Expert:  John replied 1 year ago.
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