Reaching the age of retirement comes with mixed feelings for many workers, but it also raises questions about your employment rights, like whether an employer in California can force you to retire by a certain age. As you may be aware, laws are in place to protect workers from age discrimination, and this makes the whole concept of mandatory retirement a complicated matter.
Essentially, when an employee has to retire depends on their occupation and the employer’s policies, but as a general rule, California’s Age Discrimination in Employment Act prohibits employers from forcing someone to retire. If your rights were violated by an employer who is forcing you to retire, our law firm is here to help, 24 hours a day, 7 days a week. Based on the circumstances, you may be eligible for a compensation claim for unpaid wages, value of lost work benefits, and other monetary losses.
Pension Claims for Workers at or Near Retirement Age
Another concern when it comes to retiring from a job has to do with misunderstandings over pension plans. Sadly, many workers are mis-sold a pension, meaning they ended up with financial losses or inadequate funds for retirement because they were improperly advised or misled about their pension plan. This is another area where the worker may be entitled to monetary damages, though succeeding in a mis-sold pension case is extremely challenging without the right legal advisor.
Is Forced Retirement a Form of Age Discrimination?
Age discrimination in the workplace occurs when employees are treated less favorably than their colleagues solely because of their age. Unfair treatment includes denial of promotions and work opportunities, reduced hours or pay cuts, and not being paid the same rate as others doing substantially similar work.
Forcing an older worker to retire is unethical, as it make assumptions about an employee’s capabilities rather than looking at their overall work performance. When a company imposes a mandatory age of retirement, employers are basically denying workers of a certain age the opportunity to continue their jobs when they are capable of performing their duties.
When Is it Acceptable to Impose Mandatory Retirement?
Under the state’s Age Discrimination in Employment Act, mandatory retirement is acceptable under the following circumstances:
Occupations where an Age Limit is Legal
Certain jobs have legally approved age limitations because of safety concerns or specialized job requirements. Airline pilots, firefighters, and police officers are examples of occupations where you can be forced to retire at a certain age.
Policy Making and Executive Positions
California law does allow for employers to establish mandatory retirement ages for high level executives or those in policy-making positions as long as the individual is eligible for a retirement payout of $44,000 a year.
As Part of Bargaining Agreements
Mandatory retirement age may be included in a collective bargaining agreement that’s negotiated between employees and their employer. However, these agreements should include provisions in order for an employer to enforce a mandatory retirement. For example, there should be benefits and safeguards for employees that are asked to retire, thereby protecting their financial and legal interests once they leave the workforce.
Voluntary Retirement Programs
Instead of trying to push ahead with a forced retirement age, many employers offer voluntary retirement programs that are based on incentives that benefit the employee. However, it’s essential that employers use the right approach so that the retirement is truly voluntary and in compliance with the state’s anti-age discrimination in the workplace laws.
Contact Us for a Free Case Assessment
Forced retirement is often used as a way to discriminate against workers who are at a certain age. Those who are backed into a corner by their employer may feel like there is no other choice, but we can assure you that legal protections exist for people in your position.
The workers’ rights violation lawyers of CLLEAG are ready to educate you on your rights and hold your employer accountable for their violation of federal and state laws. As a contingency-based law firm, you pay nothing out of pocket to hire us. Instead, we agree to wait until the recovery of your settlement to collect all legal fees. If we don’t win your case, there is a Zero Fee Guarantee, so you pay $0 for the cost of legal services.
To request a free consultation on the legal actions that are available to you, contact our law firm at your earliest convenience.
