Can You Legally Be Fired After Announcing Your Retirement?

Many jobs in the United States are considered at-will, meaning an employer can end your employment at any time — for a lawful reason that is. This includes even after you share your retirement date. This is one of the many reasons it can pay to understand the things you should do after getting fired. However, one notable exception is Montana, where you can only be discharged after a probationary period, and only for a "good cause" reason under the state's Wrongful Discharge from Employment Act.  Similarly, if you work under a union contract or a personal work agreement with a "just cause" standard, your job might be protected differently than at-will jobs. For example, New York requires that covered employees can only be dismissed for incompetence or misconduct — and only after being given notice and a fair hearing.

With that said, it is unlawful to terminate a worker because of their age. This means that being fired after announcing your retirement would only be considered unlawful if it was directly tied to something discriminatory like the firing being based on your age, race, or sex. Otherwise, an employer has no obligation to let you keep working after a retirement date announcement. This could be particularly problematic if you are not yet financially ready to retire.

While it's ideal to avoid certain major employer red flags, you might not always recognize the signs in time. With that said, there are certainly signs of bias that can prove if a firing is unlawful. Specific references to your "retirement age," or comments like "time to make room for younger talent" — especially if these line up with the timing of a termination — could prove a bias. If your suspect your firing was unlawful, start by writing down who said what and when. Then, save emails and chat messages and download copies of reviews, write-ups, and schedules. Pull your handbook, your contract or offer letter, as well as plan documents for health or retirement benefits. If you're considering a discrimination claim, make sure to watch the clock as the U.S. Equal Employment Opportunity Commission filing window is 180 days from the workplace act you're challenging — extended to 300 days in certain states.

If your case is about an employer interfering with your benefits, such as firing you right before your pension vests or cutting your hours so you lose health coverage, you might have a different process. Instead, follow your benefits plan's rules and pay attention to court timelines, which can be different depending on your state and the kind of plan you have. Ask your HR department for your Summary Plan Description and vesting schedule, keep a dated log of any changes, and save all emails and messages. Talk to a benefits lawyer or even the Labor Department's Employee Benefits Security Administration to make sure you file your claim in the right place and on time.