Is there a legal difference between resignation and retirement?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a legal difference between resignation and retirement?

Union contract states that a full years dues will be taken from final paycheck upon resignation from school system. I retired 23 years employment and 62 years of age and was charged 566, a full years dues, in my final paycheck. I have argued that this is wrong, but have been stonewalled. Dues are 3 tier – local, state and national. State recognizes issues and agrees dues should have been prorated. They are processing a refund. National has yet to reply to my inquiry. Local claims the right to take monies based on the contract and it’s reference to resignation. Retirement and resignation are not the same, or are they?

Asked on January 5, 2018 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, they are the same: it is  voluntary (on the part of the employee) separation from employment. "Retirement" is a subcategory of resignation: it's resignation because you've put in your time and are either done with this career or with working entirely, rather than resigning due to taking a different job, or relocating with family, or to take care of a new child or disabled family member, etc., but that only goes to the reason or motive for the separation from employment. However, reason or motive is irrelevant in this context: the only distinction is between a voluntary end to employment (resignation, whether called resignation, quiting, or retirement) and an involuntary end (termination, lay-offs, firing).

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption