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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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I just turned 55 on December 19, 2015. Since late October my

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Hello,
I just turned 55 on December 19, 2015. Since late October my employer has been ask me to retire. I have said no. Then they would ask me to reconsider. I would say no. They would then say ok you will be moved to another manager. I said that was not an issue. They then said you should retire before we fire you and you can leave on your on terms and you won't lose your insurance or stock options. I was fearful that they would fire me before I turned 55 so I provided a notice to retirement. About a day and half latter I rescinded it stating I felt I was coerced. Now, Human Resources wants to interview me. Can you advise what are my rights? Do they have to accept my rescind notice or can the force me to retire. Thanks
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.

I think that you have some argument here to suggest that the employer is in violation of the act against discrimination based on age. Asking you to retire repeatedly and then going so far as to threaten termination really indicates a desire to coerce you to leave. It would be different if they had placed you on a performance improvement plan and if you'd been having performance issues that could be quantified. Then it could be said that the recommendation was really in your best interest, to avoid termination and leave on your own terms. But you mentioned no such facts and, if you now complain to HR (and are prepared to follow it up with a complaint to the EEOC or Mass. Human Rights Commission), anything the employer now tries to say will appear to be pretext to cover the discrimination that they were engaged in.

So, you actually have a fairly reasonable position to go into HR and express to them that you did not want to retire and if they can express no issues with your actual performance as a basis to ask you to leave, you'll be forced to file a complaint alleging discrimination based on age.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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