Can my early retirement be delayed by my employer for any investigations?

UPDATED: Oct 1, 2022

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Can my early retirement be delayed by my employer for any investigations?

I have a case to sue my employer.. now I’m targeted
for theft among other things. I’m a very stressed out
by this situation. I want to retire early but I think they
delaying the process.

Asked on March 10, 2018 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general matter, no--a person may retire (or resign, or quit) whenever they want, including while under investigation. Vesting in any pension or stock plans would be governed by those plans' normal terms--i.e. you may or may not have sufficient time in service to vest depending on when you retire, but that is a separate issue from your right to retire. 
However, you mention a union: if you are talking about early retirement (presumably with some benefits) under the terms of a union contract, you'd need to review the specific terms of the union or collective bargaining agreement to see what it says about this situation. Whatever the contract says, goes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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