Is forced retirement at age 67 legal?

UPDATED: Dec 30, 2011

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Is forced retirement at age 67 legal?

My father had to sign a contract when he joined the company 30 years ago that he would have to retire at age 67. Is this duress because he had to sign to obtain employment? Age discrimination? He is not in a line of work such as aviation where retirement is mandatory for safety reasons. It is a company policy.

Asked on December 30, 2011 under Employment Labor Law, Louisiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. If your father signed an agreement with his employer when he joined the company 30 years ago stating that he would have to retire at age 67, the agreement most likely was not in violation of federal or state law at the time it was made.

However, since that time that agreement was signed, there has been legislation in many states holding that such a provision for mandatory retirement age as not being enforceable. Most likely this is the law in the state that your father resides in.

You need be aware that in most states in this country employees are terminable at will provided the termination is not based upon discriminatory reasons such as race, gender or religious grounds.

In your father's situation, if he does not take his retirement at age 67, his employer might be able to force a retirement upon him by terminating his position.

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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