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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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can I opt for early retirement and accept the severance pay

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can I opt for early retirement and accept the severance pay also when a position is eliminated causing me to no longer have a job can I have both options or is it an either or not both? Mind you they did not offer me an early retirement just a severance
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Is there an early retirement option with your employer that is not being offered to you?

Or are you asking if you can force your employer to offer you early retirement instead of severance?
Customer: replied 4 years ago.
Hello, no offer for early retirement. I am 49 and found out 55 is as early I could touch retirement which is fine, but wondered before I sign documents if I could force their hand PLUS keep the severance. Been with company 20 yrs. They did not even match my tenure per 1K per yr with company!

Since my goal is to provide you with excellent service this evening, please don't hesitate to ask me any follow up questions or request any additional information.

Unfortunately, there is nothing that you can legally do to force them to provide you with retirement at an earlier age PLUS keep the severance.

Normally, retirement plans have separate administrators then your employer, so it would be extremely difficult for them to grant special permission for someone to access retirement prior to the age of 55. If they were able to do that for you, there wouldn't be any reason that that would have any impact on your severance agreement, so if it were possible, you could definitely keep the severance.

That said, there is no legal requirement that your employer actually grant you any severance, although it is customary, especially since you have given 20 years of your life to the company. There is also nothing wrong with requesting additional severance if you are not happy with your severance package.

You would be in a particularly good bargaining position if you have any reason to believe that a protected characteristic (including age) had anything to do with your position being eliminated. If there is even any reason to suspect that a protected characteristic had anything to do with your position being eliminated, you would be in a very good bargaining position to get more money for your long length of service with the company.

Again, since my goal is to provide you with the best service this evening, don't hesitate to ask any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

Joseph and other California Employment Law Specialists are ready to help you
Thank you for your positive rating of my service!

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