Can your boss legally ask when you plan to retire?

Someone announced retirement today, and set the bosses to panic mode. So I am of age to do so; still damn productive if I do say so myself, and my plan is to leave in maybe 2 years. I was the first one to ever have this particular job at this small (125 employees-4 branches, locally owned and operated) company, and I basically built this job. Been doing it for 20+ years. The tasks change with the seasons, so it took me at least a year to figure it out, and although my job title was small at the beginning, it’s grown significantly.

But we get paid every 2 weeks. I think I understand I need only give 2 weeks notice, correct? My loyalty lies with the founder, who hired me and treated me well all this time. However, he’s stepped back (not down, but back) and has his kids running the show. Spoiled, self-entitled assholes, IMHO. She, by title, the president, comes in about 1 day a week since she finds it “easier to work at home.” Thus making her unavailable for day to day issues. She is “too busy” to read emails. He is an incompetent ass, who could not make a decision to move out of the way of a runaway bus-he’d dither until he was run down. (I’d cheer) Or any other decision. Neither understands deadlines or planning ahead. I don’t owe them squat.

So, do I tell them? Or sue them? if I tell them, and they chose a successor for me to train, I’ll have no input, and loyalty of said person will lie with them. I am not inclined to give them anymore than 2 weeks.

Would I have basis to sue? Esp. if I told them and was let go?

I’m not sure what your actual question or the situation is here. What do you want to sue about? I think you’re missing a paragraph in your OP.

You’re right sorry, Basically I was carried away in my vent. Boss (son) asked me point blank today when I planned to retire. Said they needed at least a year’s notice. Parenthetically, he reminded me I’m no spring chicken. Exact words.

Jesus H Christ. Sue them for what?

IF your position is terminated, you MAY have cause for an age discrimination lawsuit.

Technically you don’t have to give ANY notice. You’re retiring. What are they going to do? Give you a bad recommendation?

Tell them you’re retiring in five years. When you do decide to retire, give them two weeks’ notice. In the meantime, take a look through whatever sort of contract you’ve got from when you signed up with the company and see what you’re actually committed to in writing, and revised that “two weeks” thing depending (it might actually say you do have to give them a year, or they can sue your pants off).

I was under the impression age related q’s were a no-no. You’re probably correct, just really really pissed.

When Does Asking About Retirement Becomes Age Discrimination?

The lawyer who answered the question calls it illegal.

A year’s notice?! Reading your OP I was thinking that they would prefer more then two weeks notice, but I was thinking their unrealistic expectation might be a couple months. What possibly reason would they have for requiring a year’s notice? To hire and train a new person shouldn’t take more than a few months even in the most complicated job. And what would they do if you had to leave suddenly for non-retirement reasons, like if you quit or had a health or family emergency or something?

I would have been willing to give them the benefit of the doubt if they asked for a month or two’s notice, but a year? Screw them.

Yeah, if they only needed two weeks’ notice last month, and today, they need a year? Eff that.

It sounds like this is the first time they’ve asked you, so no. As linked, if they’re constantly asking or you’re terminated after you tell them your plans, you might have grounds. I had older employees but as you said, I never needed more than the usual notice. HR preferred a month, as the company would plan a party/reserve a restaurant, but that was about it.

In Spain the warning periods for each party are given in

  • the General Labor Law,
  • the Convenio (general agreement between employers and employees) for that sector or company,
  • and/or the contract.

The only time someone would get walked out is if they were being walked out by cops, people are often expected to train their replacements and yet warning periods are 2 weeks or a month. People may give more warning if they have a very good relationship with their employer and there are special circumstances, such as wanting to retire in the fall and giving notice before the early-summer hiring rush. In one case I got a contract where the employers had gone to a lot of detail along the lines of “if X party terminates the contract for Y reason, length of warning shall be Z” - and they forgot to write what would happen if I decided to quit :stuck_out_tongue: (I gave two weeks warning, which was more than they deserved). A year? What the hell are you supposed to do in that year, write all the manuals nobody ever bothered with?

First you need to decide if you care what these people think or wish for, how important is it that your last couple of years are pleasant rather than full of conflict.

When someone calls you ‘not a spring chicken’ or implies a year’s notice is required to retire, instead of getting hot about it, or raising to the bait, the very first words out of your mouth should have been, “put that in writing and you got it!” With a big old smile! There is no way in hell they’d put such a thing in writing! But you would instantly recognize you are being played.

It is possible they want you to quit, in anger, so they can give you a diminished package of some sort. You need to decide if you can let it roll off your back, and merrily on, or it’s worth an ongoing conflict and possibly hostile work environment.

I suggest you keep your head down, do your work, and ignore their nonsense. Of course they cannot demand a year’s notice, what if you were suddenly ill, or unable to work? Or your wife took ill and needed your constant assistance? It’s ridiculous on it’s face, to me.

And remember, each time they come back around and talk up some upsetting nonsense or other, do not show the slightest disdain and always ask them to put it in writing, as politely, and on any pretext you can.

Good Luck!

“When are you going to retire” is not an age-related question. People can retire young.

There’s nothing wrong with a company asking this. They have to plan for the future and how to replace key employees. We have employees who gave the company notice of their retirement plans a few years in advance. In some cases it doesn’t matter much, but in other cases it can take that long to ensure the right plan is in place.

In the OP’s situation my reaction is similar to Ethilrist’s. Tell them you plan to retire in five years, that you love your job and love who you’re working with (well, if you’ve been making it obvious that you merely tolerate your coworkers, then don’t say that…).

They asked for your plan. When you retire in 2 instead of 5, abruptly with a 2-week notice or whatever is required in any written and signed agreement, well, “sorry sir, but my plans changed abruptly, without being reasonably foreseeable.” Make it as believable and professional as you can.

Plans change.

I’d be willing to employ you for ten seconds after you leave your current job, then fire you. That way you’re not “retiring”, just resigning to take another job, which only requires two weeks notice (and that only by tradition). :slight_smile:

Well, for some companies Retirement is a thing, not just “I’m old and I’m done working”. Those companies like a lengthy advance notice to go through the whole pension calculation setup etc. And in those companies the employee who is retiring and the company are all on good terms…

That said, it doesn’t sound like the OPs situation at all. So, I’m with everyone who says keep your cards close to your vest - and keep your ears open for age related statements from the bosses - write everything down starting now.

Let’s get back to what you said in the first line of the OP…someone else at the company announced they are retiring. So…how much notice are THEY giving?

You implied this put your two ineffective bosses, who have been skating along on their dad’s groundwork and the skills of long-term employees, into panic mode. They now realize what a bind they are going to be in if another long-term employee (you) also decides to retire, and they realize they don’t have a plan on how to replace key staff positions on short notice. So they ask if you have any plans to bail soon, and ask if you could please give them a year’s notice so they can get someone hired in…you implied it takes a whole year to learn the seasonal nuances of your job.

I deal with a lot of business people who make no secret of when they plan to retire. One gentleman, who is a Vice-president of a very large company, has mentioned that he planned to retire this year, but they made him an offer he could not refuse and he has agreed to stay on until at least next year. Others openly discuss their plans to retire in specific years/months, and it doesn’t seem to affect their job security. People need time to plan your retirement party and collect money for the gift, ya know! But perhaps you are sensing a more hostile intent behind the question than a desire for a smooth transition.

Actually the linked attorney does not say that asking about retirement is illegal.

hey thanks for the link.

“So employers, if you would like to know when one of your employees plans to retire, it may be best not to lay it on too thick. Maybe one question, one answer will do the trick.”

IOW, asking “When are you going to retire?” comports with this 'net lawyer’s advice.

I’d tell the boss what they wanted to hear. After all, you can certainly change your mind later. As far as the notice goes, did you sign anything when you joined about a 2-week notice? Does your HR department have any policies on it? Could it effect things like your being vested in the company’s part of a 401k or something?

I repeat: tell the boss what they want to hear.

But would that include promising a year’s notice? Will the higher ups start the process of pushing the OP out the door in a year regardless of whether the OP’s changed his mind since then?