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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18847
Experience:  Employment/Labor Law Litigation
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I put in my retirement date last september to let my company

Customer Question

I put in my retirement date last september to let my company know that i was retiring this february. In January of this year they announced a buy out package for associates that were 60 or older for early retirement. I asked HR if i was elligable because I am still employed with them till 2/15/16 and they told me no because I put in for my retirement last year. I want to know if I would a case since I am still employed witth them.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

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

Such packages are entirely discretionary for employers, so they can place what limitations on those programs they wish, to include limiting the package from those who already voluntarily submitted their retirement paperwork. The idea of an early retirement buyout is to save the employer money and restructure by convincing those that did not plan on retiring to retire. That is a legal goal and not extending it to those that have already exhibited the personal desire to retire without the incentive makes business sense, and it is legal.

Only if the employer has a process in place by which they must accept rescission of your original retirement election would you have any sort of case here, because nothing in the law requires the employer to honor a rescission request.

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 1 year 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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