Forced Retirement?

[golding]

My father works as a mgr in a manufacturing plant in NY, and he lives in NJ.  My father's boss called him into his office today and told him that he wants my father, who just turned 70, to retire TODAY.  My father told him he was not planning on retiring yet.  He offered no early retirement or severance pkg.  He told my father not to return to work and to collect unemployment.  Is this legal?

[Okeefe]

Mike,

Unfortunately, your father's situation with forced retirement is not all that uncommon among older workers.

The Federal Age Discrimination in Employment Act(ADEA), as its name implies, prohibits

discrimination on the basis of age by employers against older workers who are 40 and over.

The ADEA is pretty straightforward on the issue of mandatory retirement policies - providing that involuntary retirement based on age is forbidden except in situations where age is a bona fide occupational requirement.  You do not mention your father's job title or position, but if he is an "executive" there may be a loophole.  The federal age discrimination laws do contain an exception for “compulsory retirement of any employee who has attained 65 years of age and who, for the 2-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position,” as long as the executive or high policymaker is entitled to an immediate retirement benefit plan worth at least $44,000 per year.  

I am not an expert on the specifics of New York state labor laws on this niche topic(my focus is primarily wage and overtime pay issues), but since that is where he was employed, state labor laws would also apply and may provide additional rights under state or local statutes - for example, the New York City Human Rights Law. For further assistance, your father should contact the following agencies:    The New York State Division of Human Rights    Phone:(718) 741-8400    www.dhr.state.ny.us    US Equal Opportunity Commission    Phone: 1-800-669-4000    www.eeoc.gov In addition, please be advised that there are statutes of limitations as well as certain administrative deadlines applicable to any claims your may seek to assert. I hope that you find this information helpful.

[Morrie]

My father works as a mgr in a manufacturing plant in NY, and he lives in NJ.  My father's boss called him into his office today and told him that he wants my father, who just turned 70, to retire TODAY.  My father told him he was not planning on retiring yet.  He offered no early retirement or severance pkg.  He told my father not to return to work and to collect unemployment.  Is this legal?