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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115481
Experience:  20+ Years of Employment Law Experience
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I'm being let go from my job on December 30. This is 5weeks

Customer Question

I'm being let go from my job on December 30. This is 5weeks and 2 days before I'm able to collect my pension. I am getting 8weeks pay after Dec. 30. Do I have any recourse to try and get my pension?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Them letting you go so close to pension eligibility is circumstantial evidence of retaliation under the Employee's Income Security Act and the Older Worker's Benefit Protection Act and Age Discrimination in Employment Act, since it is really a pretext to avoid paying your pension you have earned. So you need to start by negotiating with the employer to allow you eligibility based on the 8 weeks pay and make them put that in writing in your severance agreement and if they refuse, then you would need to file a complaint with the EEOC and have them investigate and issue you a right to sue letter and then get a local attorney to sue the employer for engaging in this unfair practice under those laws.

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