Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I put in my retirement date last september to let my company…

Customer Question
I put in my retirement...
I put in my retirement date last september to let my company know that i was retiring this february. In January of this year they announced a buy out package for associates that were 60 or older for early retirement. I asked HR if i was elligable because I am still employed with them till 2/15/16 and they told me no because I put in for my retirement last year. I want to know if I would a case since I am still employed witth them.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
1/20/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,360
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

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.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,360
20,360 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,360 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am in a situation where an offsite work event had free
I am in a situation where an offsite work event had free flowing alcohol and had an excessive amount to drink and then kissed a colleague this was about 15 months ago and was reported and reviewed at … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am a Mass employee for a company incorporated in Delaware.
I am a Mass employee for a company incorporated in Delaware. My company is not paying my annual incentive bonus I wonder what rights I have? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If you are at a hospital do you have a right to ask too see
Second opinion] If you are at a hospital do you have a right to ask too see your case worker and what can be done if you are harassed because of it?… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
Can you verbally ask an applicant during the interview
Can you verbally ask an applicant during the interview process if they are currently drawing unemployment? Can you ask on a application if the applicants are currently drawing unemployment?… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I currently work a full-time job and have taken on a second
I currently work a full-time job and have taken on a second part-time job at an answering service. When I hired on to the second job, it was represented to me that base pay was $10/hr for training and… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,360 satisfied customers
We were recently changed to salary from pay per point. As a
We were recently changed to salary from pay per point. As a salaried employee we are required to maintain a minimum quota. My employer has incentives to increase productivity called P.O.P points, poin… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A incentive stock option trading question: After an employee
A incentive stock option trading question:After an employee quits a job, he typically has a 90 day deadline to exercise his stock options. When he leaves the company, he may know information that may … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have IT help Desk employee working in NJ who makes 25$/hr.
I have IT help Desk employee working in NJ who makes 25$/hr. If he works more then 40/hrs a week. Do i have to give him time and a half. Is there are exception to this. Specially in IT field we have h… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
I hurt my knee a month ago ive been to dr worksman comp
i hurt my knee a month ago ive been to dr worksman comp denied me. dr said light duty until next visist my job is say that they cant accomadate light duty anymore can they do that … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,344 satisfied customers
I was at my former job for 8 years when a possible
I was at my former job for 8 years when a possible opportunity arose. There were many things to consider, making it a difficult decision to make the leap. A short time after I started my new job, it w… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was hired as an RN at a hospital to work 36 hours per
I was hired as an RN at a hospital to work 36 hours per week. I was placed on every weekend for 6 months. I was not hired as weekend status. What are my rights? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Id like some advice as to separation from an employer and
Id like some advice as to separation from an employer and due incentive pay … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have recently been terminated from my company. At will. A
A week before my termination my incentive comp was announced they fired me a week later. The I comp pays out after the first of the year, but the period for which it applies was Oct-Oct. They are offering me the icomp as a severance but want me to sign additional restrictions that go beyond my current noncompete… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I have an employer question. NC. Full-time and i'm assuming
I have a compensation structure wherein when we sign a contract with a client, I'm paid half my compensation at that time and the other half on an annual anniversary of the signing. When the anniversary comes around, my company assesses, based on sales, if I receive the other half or MORE (if sales were higher). Never less. There's always a base.… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,431 satisfied customers
I'm looking for someone who specializes in employment law. I
I'm looking for someone who specializes in employment law. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I'm trying to figure out the detail of my incent units from
Hi,I'm trying to figure out the detail of my incent units from my last job. I'm not longer an employee. Employment ended dec 2016.Here is the key language and the EESOP is attached.(i) Unless otherwis… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Last year I filled out a "special retirement incentive
Last year I filled out a "special retirement incentive request for consideration; not intending to retire, now my company is saying I must retire. I have not filled out for a specific retirement date,… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I have a question about early incentive retirement I have
I have a question about early incentive retirement I have pre dated signed and witnessed paper work that pre dates the boards vote to do away with it they changed some things and now say my paper work… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x