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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34419
Experience:  More than 30 years in legal practice.
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Can a boss ask an employee when he is going to retire?

Customer Question

Can a boss ask an employee when he is going to retire?
JA: Was this discussed with a manager, HR, or an attorney?
Customer: Manager, no HR involved.
JA: Is the employment "at will," union, full time, or part time?
Customer: Full time, not union. Been with company for 40+ years.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just wonder if they can ask. Could use information against me?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

If an employer has a legitimate reason, like workforce planning or succession planning, it’s not a violation of the Age Discrimination in Employment Act (ADEA) to ask an employee about his or her retirement plans.

If the employee says “No, I have no retirement plans,” that’s the end of the conversation. If the employer continue to press, that can move move over the line toward age discrimination and harassment.

Expert:  Loren replied 2 months ago.

Did you have further questions? I am happy to continue if you do.

Otherwise, have I answered your question?

Customer: replied 2 months ago.
if the reason came up after several questions were asked, it could be harnessing?
Expert:  Loren replied 2 months ago.

It is possible. It depends on the circumstances and the context.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!