Is forced retirement at age 67 legal?

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Is forced retirement at age 67 legal?

My father had to sign a contract when he joined the company 30 years ago that he would have to retire at age 67. Is this duress because he had to sign to obtain employment? Age discrimination? He is not in a line of work such as aviation where retirement is mandatory for safety reasons. It is a company policy.

Asked on December 30, 2011 under Employment Labor Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If your father signed an agreement with his employer when he joined the company 30 years ago stating that he would have to retire at age 67, the agreement most likely was not in violation of federal or state law at the time it was made.

However, since that time that agreement was signed, there has been legislation in many states holding that such a provision for mandatory retirement age as not being enforceable. Most likely this is the law in the state that your father resides in.

You need be aware that in most states in this country employees are terminable at will provided the termination is not based upon discriminatory reasons such as race, gender or religious grounds.

In your father's situation, if he does not take his retirement at age 67, his employer might be able to force a retirement upon him by terminating his position.


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