No law per se protects someone from being terminated once they announce retirement from an organization. The issue would be deeper than that. The issue is whether the manager or employer in general is treating you adversely because either a) your age, or b) to prevent you from vesting a retirement benefit; both of which are illegal.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
How do you prove this treatment is because of either of these factors? You prove it by comparison to others not in those categories with similar situations (i.e. same job, same behavior) being treated more favorably. What this would mean in your situation is a younger or non-retiring person having committed the same or similar actions but not being disciplined.
You'll need to file a charge with the equal employment opportunity
) to pursue the age discrimination
matter, and I'm of the belief even if your not totally sure you have an EEOC charge to file one any way to avoid being fired. The employer will likely not take any action against you while a EEOC complaint is going for fear of a retaliation
claim (it's illegal to fire someone for filing a complaint) and it will take longer than 5 months for the EEOC to investigate the matter. http://www.eeoc.gov/employees/howtofile.cfm
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers; otherwise the website just keeps your payment and doesn’t credit me at all. Thank you, ***** ***** wish you all the best with this matter.