Employment Law Questions? Ask an Employment Lawyer.
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.
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.