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Steps to Follow If Your Employer Force-Delays Your Retirement

2/28/2022

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Is your employer force-delaying your retirement? If yes, you have come to the right place. 

Retirement is one of life's biggest chapters for most individuals. It is a step that every working person prepares for their whole life. The whole idea of stepping away from work might sound bizarre, but it is an essential step you should take to improve your health, spend time with family, travel the world and do all the other things you would not have done while at work. 

Typically, an employer is required to let you go whenever you wish to retire. However, that is not always the case for some individuals. Some employers may force-delay your retirement for several different reasons. 

One of the most common reasons your employee may want to extend your tenure is to retain your experience. Hiring and grooming a new employee to understand the company's culture can take lots of time and money. That's why some employers might be reluctant to let you retire when your time comes.

If you are not in a rush to retire, having an employer that won't let you leave can be a good thing. However, other employers might retain you against your will. They often do that by creating difficult situations that prevent you from retiring. For instance, there have been cases where companies delay payments or the distribution of 401(k) benefits. 

If you find yourself in any of the situations mentioned above, it might be a good idea to take a few steps to fix the issue. Here are a few steps you should follow when your employer would not let you retire.

As For Explanation

If your employer is force-delaying your retirement, the first step you should take is to give them a chance to explain themselves. Sometimes, a company might try to retain an employee for good reasons. Also, the employer might delay your 401(k) distributions due to a legitimate reason. Here are some of the reasons:
  • Eligibility– Certain requirements determine eligibility for the 401(k) distributions. For instance, the policy may specify that the beneficiary reaches a particular age before they can receive the benefits. You can only receive the distributions if the plan policy deems you eligible.
  • Frozen 401(k) Account – If your 401(k) account is frozen for reasons, such as pending litigations or company mergers, an employer might legitimately delay your withdrawals.
If your employer does not have a good reason to delay your payments, it may be a good idea to take the issue to the next step. 

Hire an Employment Lawyer

Seeking the help of workplace lawyers might be the best course of action to follow if your employer is deliberately delaying your retirement. It is illegal to force-delay someone's retirement, especially when an employer uses tactics such as delaying payments or 401(k) withdrawals.

Workplace attorneys know their way around the employment laws and can help you file an appeal for denied claims. Their expertise will convince your employer to release you and give you what the company owes you.

Conclusion

If you are a valuable employee, some employers might go out of their way to retain your services. However, the decision of whether to remain at work or retire depends on you. 

So, you should take action if a company won't let you retire. 
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