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Forced Retirement Delaware

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  • Forced Retirement Delaware

    My company is thinking of forcing someone aged 65 yrs old into retirement and to have them rehired back as a consultant to save money. I did not think this was legal until I stumbled upon this google search:

    Can I be forced into early retirement? Absolutely not. Employers may not force older workers to take early retirement, either; early retirement plans are only legal if the employee is offered a chance to stay on, keeping things as they are, or retiring early with under a plan that leaves the employee better off than before. In early retirement situations, the employee must also have a genuine choice to reject or take the offer, the early retirement offer must be in writing, the employee must have 21 days to decide, and seven additional days to revoke.

    What is the true answer?

  • #2
    There is always the option of the company firing the worker.

    What is the citation of your quote?


    • #3
      Never mind. I found the opinion site. They are in the business of selling advertising. A stupid blanket comment such as the one you found is dangerous, as well as misleading.

      Laws are different in almost every state, as well as circumstance.

      There is no blanket answer.

      This is one where a HR professional in your state, familiar with your company, and the contract of the person in question, (as well as a number of other factors) would be beneficial.


      • #4
        Would this employee be performing the same tasks as a consultant as he did when an employee? If so, it may not be legal due to the rules governing an independent contractor.