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What Are Your Rights if Your Employer Pressures You to Retire

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  • 04-29-2017, 09:11 PM
    Slice235
    What Are Your Rights if Your Employer Pressures You to Retire
    My question involves labor and employment law for the state of: Washington.

    I am a senior manager, age 64 with 10 years with my firm with a stellar work performance record. There is a second senior manager in his early 50's with the same level of seniority who has worked for the firm for about 3 years. I suspect there will only be enough work for one of us in 2018/2019. If my firm comes to me an asked me to take early retirement, what are my rights:

    1. Do I have the right to refuse as I do not have enough savings for retirement.
    2. If my firm has the right to retire me, do I have any rights for a financial settlement due to my 10 yr. tenure, good performance, and the fact I am the most senior manager in terms of tenure.
    3. What are my rights to collect unemployment insurance.

    Thank you in advance
  • 04-29-2017, 09:25 PM
    Mr. Knowitall
    Re: What Are Your Rights if Your Employer Pressures You to Retire
    Unless you have civil service protection, an employment contract that limits your employer's ability to fire you at will, or benefit from a union contract (which, as a senior manager, you won't), your employer can terminate your services. Whatever they call it, whatever they choose to offer (or not offer) in terms of a severance package, they can end your employment. You have no right to additional compensation based upon your tenure -- your compensation for your service came in the form of the wages you earned.

    If you are fired or laid off from your job due to a lack of available work, you will qualify for unemployment benefits. If you want to collect UI you need to be careful about how your departure is characterized, as if your state unemployment agency views your departure as a voluntary retirement they will dismiss your claim.
  • 04-29-2017, 11:10 PM
    Taxing Matters
    Re: What Are Your Rights if Your Employer Pressures You to Retire
    I’ll just add this to Mr. K’s comments. While the employer may terminate you if there is lack of work, if the only reason the employer chooses to fire you over the younger manager is your age, that would violate the federal law that bars employers from discriminating against employees on the basis of age. Be alert for any signs that indicate that is what is going on and document it as best you can. Age discrimination claims are, in general, pretty tough to prove without either a pattern of treating older employees worse than younger ones or some outright statements from company officials confirming age was the reason for their decisions. But if you can document things that would support that age was the reason, you might stand a chance.
  • 04-30-2017, 09:08 AM
    budwad
    Re: What Are Your Rights if Your Employer Pressures You to Retire
    While it is possible that a company would articulate, in any way, that age was a reason for termination, a higher salary of someone with the company for 10 years is likely higher than someone with the company for 3 years. The company could terminate OP simply to cut cost and that would be perfectly legal. It happens all the time.
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