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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111605
Experience:  20+ Years of Employment Law Experience
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I was approached to leave my organization sooner than my

Customer Question

I was approached to leave my organization sooner than my trajectory and was told I would transition to a role at the system level in another city that I had no part of the decision to do so. I am within 6 months of turning 65 and having access to my retirement benefits. I work as a federally contracted employee on the side as part of my employment agreement here and it was my plan to continue that role upon exiting the organization on my 65th birthday in February.
I feel I am being discriminated against because of age .. This plan by them will cause hardship, expenses that were not planned for, no health insurance for the future, etc.
What rights and how do I communicate with them so I am taken care of til I reach my 65th?
thank you
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months 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.
If you are being terminated or threatened with termination within 6 months of your retirement date then that could be indicative of not only age discrimination, but a violation of both the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. If they are transferring you to a different job and not terminating your employment, that is the employer's discretion and that they can do as long as they are not doing so to try to force you to quit prior to your eligible retirement date.
So at this point, you cannot force any employer to keep you for several more years, but they certainly cannot terminate you or retaliate against you to prevent you from reaching your retirement when you are 6 months away from that. You would need to file your complaint with the EEOC and they have to investigate this and make the determination before you can take any legal action. I would not submit any retirement or resignation letters until you get a determination from the EEOC though.

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