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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.
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