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Forced retirement is an issue that falls under age discrimination. This occurs when individuals are pushed into retiring before they are ready. It can happen anywhere, even California. According to the American Bar Association, forced retirement is illegal for individuals who are covered under the Age Discrimination in Employment Act.
The ADEA protects all workers who work for the government and for employers with at least 20 employees. In addition, this law only protects those over the age of 40. There are exceptions, though. An elected government worker with policy-making capabilities and executives in private companies are two categories of people who are not protected under the ADEA.
Even though forcing someone to retire is illegal, some employers still try to do it through “backdoor” type moves. Forbes reports that many of these strategies to force older workers to retire are designed so they are not immediately recognized as age discrimination. Laying off workers is a common approach used to get rid of older workers. Another common tactic is restricting the company, which usually involves eliminating positions that just happen to be filled by older workers. Companies may also be smoother about it and offer older workers amazing retirement packages if they are willing to retire early. They may also instate a mandatory retirement age. However, this is illegal except for a very few professions, like firefighters. The best way to fight any type of discrimination like this is for the worker to keep a log and documentation of everything that happens.
Age Discrimination Lawyer: Do You Need a Consultation?
If you feel you may have experienced age discrimination, reach out for a consultation with our attorneys. Our law firm has offices in both San Anselmo (Marin County) and in Oakland (Alameda County). We’re convenient to freeways and transport, making us the Bay Area’s choice for a specialized age discrimination law firm. No two situations are the same, so reach out to an attorney, today, to determine your situation vis-a-vis the law.