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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5179
Experience:  Exclusively practice labor and employment law.
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I was employed by The Equitable Life Assurance Society of the

Customer Question

I was employed by The Equitable Life Assurance Society of the US (formerly in NYC) for 9 years and eleven months. My agency manager insisted that I retire in February, when, which I
didn't know at the time, I was within one month of being a fully qualified person for my retirement.
When I called The Equitable, I was told that I was a month short of the time required. I bought what they told me. A few years later, someone told me that this was illegal. Now I
don't know which is true.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
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.
I'll need to ask you some preliminary questions before I can give you an answer to your question. In what state are you located? How long ago was it that you retired. Do you have any idea why the manager insisted you retire at that particular time; can you prove this manager insisted this by way of anything other than your testimony?
Customer: replied 1 year ago.
I wasn't particularly productive at that time. The Agency Manager and the Assistant Agency manager decided (my opinion) that it would be better for their record if I was pushed out instead of retired. Since I wasn't thinking of retiring at that time, it was easy to get me to quit. If pressed, I could probably think of a couple of agents at that time that could remember the situation.
Expert:  John replied 1 year ago.
It is possible that you have a case, but you'd have to be able to prove the reason they forced you out was to avoid a pension payout, rather than to just wait and let you retire with benefits. That would be a violation of ERISA and illegal. But the problem here really is one of evidence - I don't see how, especially at this point in time years later, that you'll be able to do that, because you'll have to show their states of mind. But if you somehow could prove that, there would be a case.
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