Can my early retirement be delayed by my employer for any investigations?

I have a case to sue my employer.. now I’m targeted
for theft among other things. I’m a very stressed out
by this situation. I want to retire early but I think they
delaying the process.

Asked on March 10, 2018 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As a general matter, no--a person may retire (or resign, or quit) whenever they want, including while under investigation. Vesting in any pension or stock plans would be governed by those plans' normal terms--i.e. you may or may not have sufficient time in service to vest depending on when you retire, but that is a separate issue from your right to retire. 
However, you mention a union: if you are talking about early retirement (presumably with some benefits) under the terms of a union contract, you'd need to review the specific terms of the union or collective bargaining agreement to see what it says about this situation. Whatever the contract says, goes.


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