If I resign my position because of age discrimination and receive unemployment benefits am I still able to receive my retirement benefit from the company.

A supplemental retirement plan funded by the company was offered to another group of employees. I was told that I was not included because of my age. I want to resign and file a claim for unemployment on the basis of age discrimination. The company has retirement plan. If I resign do I forfeit my retirement benefits.

Asked on March 18, 2016 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether resigning forfeits retirement benefits depends entirely on the terms of the plan and whether you were fully vested or not. There is no general answer to your question: companies may set up different rules for their plans, and those rules will govern whether you lose benefits or not. You need to look to the terms or rules of *this* plan.


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