If I know the HR is trying to get me to retire before I have to, what can I do?

I have work at my work place 46 years and want to retire in 4 months. The HR person doesn’t like me and is putting me through the absenteeism process. I think she wants me out now because I will collect 5 weeks vacation which I have earned. Anyone who was retiring before me did not work overtime and missed a lot of work and nothing was said to these people because they were going to retire. I have anxiety and depression problems. What do you think?

Asked on August 31, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Are you being absent without using paid time off (e.g. sick or vacation days) for the absences? If you are, then you may be terminated for excessive absenteeism regardless of whether other people who held to that standard or not: the law does not require every employee to be treated the same; does not stop an employer from enforcing rules against employee B just because it did not enforce them against employee A; does not give you a right to be absent just because other people were; and does not prevent you from being terminated for improper or unauthorized absenteeism, even if close to retirement. You probably should simply focus on having perfect attendence (or only being out when you use PTO) from now until retirement.

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