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Forced Retirement Questions

Forced retirement is when an individual is asked to leave his/her job and retire. The company may do this for various reasons. The government has set forth different laws and rules to protect employee rights after a forced retirement. However, it can get a little difficult to understand the details and nuances of these rights and rules. The Experts can help you understand finer details of forced retirement law and other issues related with forced retirement. Ask Experts to get more information about forced retirement, pension laws and other employment related topics.

Given below are the top questions about forced retirement that have been answered by Experts.

Can a person apply for unemployment benefits if he/she is forced to retire?

A person can apply for unemployment benefits after being forced to retire if he/she is able and willing to work and is actively looking for a job. The income that comes from the unemployment benefits would be adjusted according to any other income that the individual may get from different sources on retirement.

When can a person apply for unemployment benefits if he/she is forced into retirement?

An individual can apply for unemployment benefits as soon as he/she is forced to retire and loses the job. Waiting till the end of the severance will not increase the number of weeks for which the individual is eligible for unemployment benefits. Severance payments will not make a person ineligible for unemployment benefits.

Can an employee be forced to retire?

Forced retirement laws can be different in different states of the US. Some states like Georgia follow the federal laws. Individuals cannot be forced to retire in such states. If forced, it may be considered to be a violation of the Age Discrimination Employment Act (ADEA). In such situations, many employees who are 50 years of age or above may be laid off by the company and offered early retirement packages. However, individuals will not be punished if they want to work and they cannot be forced to retire.

Can an older employee be forced to retire for having a side job?

If there are younger employees in the company who are allowed to keep a side job, then the older employees should also be allowed to keep a side job and should not be forced to retire. If an older employee is forced to do so, he/she can make a claim for age discrimination and can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Human Rights Commission.

Can an employee be forced to retire due to loss of hearing?

The Americans with Disabilities Act (ADA) provides rights to reasonable accommodation to employees with ailments. However, if the hearing loss directly affects the job, then the employee can be forced to retire. The company may ask for hearing tests and take a call if they want to keep the employee or ask him/her to retire.

Is there a time limit to take actions against an employer for forced retirement?

A person can take action against the employer within 180 days from the date that retirement was enforced. A maximum number of 300 days is given to the individual to take action if the case involved harassment or discrimination. All the rights of the employee are barred after that. The employer does not even have to pay the employee severance pay if the employee does not take action in time.

Being well informed about forced retirement laws and rules can reduce frustrations and confusion when you are forced into retirement. Ask employment lawyers to know more about retirement, salaried employee rights, wage agreements and other employment law related topics.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8097
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
10 Employment Lawyers are Online Now

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Forced Retirement Questions

  • My older brother has worked at a company for 30 years and the

    My older brother has worked at a company for 30 years and the company hired a young guy to be his boss. There was an instant dislike from his boss day 1. Thru the time my brother worked his boss made numerous complaints that my brother was being overpaid. The boss offered a bogus position( no clear mention of pay, title location etc.) my brother declined and instead transferred out of state within the company. All my brothers evaluations stated above average job performance. During this time other senior employees were hassled, one retired early and the other milked a small disability until he quit. Not sure if age discrimination is basis. Sure my brothers wages could cover two maybe three new employees salary completely unexperienced or as knowledgeable. He does not want possibly being fired on his record. What are his choices if he wants to contest his imminent termination?
  • 28 years at a beverage plant, was on the wrong anti-depressant,

    28 years at a beverage plant, was on the wrong anti-depressant, was harassed by a work partner for 2 years, I didn't complain, (ethics) I got fed up and lost temper with him, yelled at him , but did not hit or strike him, I touched him with the side of my stomach with my hands in my pocket smiling , it was a setup by the two people there on the jobsite, Got suspended, Got moved to different job, Harassed by that boss, tricked, and given raw deals, disqualified unfairly from 20 year position. Demoted to warehouse to loading trucks, at 58 years old, too old to handle job, in pain, too much seniority on load crew, everyone scared of being bumped from their job. looked for ways to get rid of me, I was in immense pain, I was heard me talking to myself , Talking 'Klingon' they want to me to die on the job I thought, I said 'its a good day to die' and it was heard. I was suspended 2 days later with no real union Stewart present, just a silent union employee. I was set up. I was advised by the union to go on sick leave, which I have been on since 3/15/13, I only got 4 weeks sick pay and nothing but medical insurance since. They want me to retire, but I cannot unless I get ss retirement. Here is my problem I have been both harassed and set up at work and am under so much stress I cannot even think straight, and running out of money, I tried to start an online business but everybody took advantage of me and now I'm up to my eyes in debt. Before this started all I owed was my house and car, now I'm going broke, getting ready to lose everything I own, losing my mind, my wife is so stressed out she is ready to lose her job too. I told My company when I started I was in a head on collision in 1980 and I was slow to learn, some people in the dept. would make fun of me saying I had a metal plate in my head. you see , I do not believe in hitting people, I am a large man and I am sick of people treating me like they are scared of me. The people who know me know I am a big goofy teddy bear. Who is now confused and scared and in need of help. I am still listed as employed there, so I cannot get another job, or collect unemployment, if I am terminated I lose my insurance and we both go to doctors and rely on tons of medications medical , and mental, we are both see a physiatrist we both have arthritis, and my wife has fibromyalgia on top of if all. SO what do you think?
  • I am an engineering technician in a job for 16.5 years. It

    I am an engineering technician in a job for 16.5 years. It is public employment for a city. Yesterday I was given a memo telling me my position was being eliminated because a program called "Good to Great" recommended to the city council that my position should become an EIT--engineer in training--a registered, but not professional engineer. All these years I have been doing essentially the same duties that an EIT will do. I am 7 months from retirement, and in January the city asked a supervisor, and then me, when I was planning on retiring. I know this is a ploy to hire someone younger and cheaper because I make a good salary. A young EIT will work for less and will probably be in his/her 20's or early 30's. I am 64. Also, last year 2012, I used the city's health reimbursement account to the maximum for a health problem, and I know they were not happy paying the claims. Do I have any case for age discrimination in employment and a forced retirement?


    I should probably mention that my performance reviews have all been positive, and I have received raises every year.  No disciplinary actions.

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