Can older employees be forced to retire?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Feb 20, 2013
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Mandatory retirement is outlawed under the 1967 Age Discrimination in Employment Act. Workers over 40 are protected if working in a business with more than 20 employees. (However, those under 40 years of age, or who work for smaller employers often are protected by state law.) In fact, a March,1998 three-judge appellate panel decision out of New York held that for purposes of the 20-or more rule, the non-U.S. overseas employees of a foreign corporation may be counted in determining whether or not the foreign company, which had fewer than 20 U.S. employees, was large enough to be subject to the Age Discrimination in Employment Act.
Your boss can offer older workers a voluntary retirement package without violating ADEA. Typically, should you accept the package, you will be asked to sign a waiver of your right to sue under the ADEA.