Can an employer mention retirement when laying you off?

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Can an employer mention retirement when laying you off?

My employer said to me when laying me off that in a previous conversation I
mentioned retirement, which was not at all what I was discussing. Is this legal?

Asked on February 11, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal. They cannot force you to retire; they cannot lay you off only because you are older than 40 (which would be a violation of the age discrimination law), but they can discuss it as an option, the same as employers, when discussing matters with an employee they do not intend to retain, can discuss whether the employee wishes to resign vs. being terminated.


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