Employment Law Questions? Ask an Employment Lawyer.
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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.
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