Can my boss force me to retire

UPDATED: Sep 30, 2022

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Can my boss force me to retire

My boss is cutting my hours from 40 hrs to 20hrs. He wants me to retire at 62yrs
old? I have been there for 43yrs. He is saying lack of business. Do I have any
rights? I live in CT. Thank You

Asked on January 22, 2017 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can't force you to retire--retiring is voluntary. However, he can terminate you or cut your hours if he wants, unless you have an employment contract preventing this: in the absence of a contract, employment is "employment at will" and your employer can decide to terminate you or what hours (e.g. how many) you will work.
The above said, an employer may *not* discriminate against an employee because that employee is over age 40. If you are the only person he is doing this to, it may be illegal age-related discrimination. You may wish to contact the federal EEOC or your state's equal/civil rights agency about filing a complaint; if the agency agrees that this could be age-based discrimination, they can investigate; if they do, the employer can try to prove there is a non-age reason (e.g., they can try to show that business or income is down and they have to cut, and that there are non-age reasons to cut you, such as based on what you do and their need, with diminished business, for your services), but if they can't show a convincing non-age reason, you may be entitled to compensation for being discriminated against.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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