Can a Federal Worker be forced to retire at 62 years old?
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Anonymous
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A friend that works for a Federal Agency is 62 years old and told me that her manager asked her if she will be retiring. She has not worked that long for the Federal Government. She was a late-career hire and has 7 years of Federal Service. She is not in law enforcement. She work for one of the agencies like the Commerce Dept. She was thinking about working another 3 years until she was 65. She said that her manager has been treating her like a lame duck and began taking away some of her major projects. Is there any recourse to ensure that she is not pushed out? Does the HR at her agency represent her interests or the managers?
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Anonymous
| Is she in a union? |
Anonymous
| It's very hard to "push out" a gov employee. It is not by chance "retired in place" is such a common phrase. The manager may be trying to make her uncomfortable so she would leave. She should stop caring. |
Anonymous
| Yeah, that's a union question. |
Anonymous
| Especially if they are essentially deciding to treat her differently due to her age. Check her union rights and then an attorney if she wants. But extremely unlikely, if unionized, that she could be forced out. |
Anonymous
| They can't make her retire, but if she truly believes she is being treated differently than others due to her age, she can certainly contact EEO about a discrimination complaint. |
Anonymous
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My mother was treated worse due to age. She fought it and won.
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Anonymous
| Federal agencies generally cannot force employees to retire at a specific age, even at 62. The Age Discrimination in Employment Act protects employees aged 40 and older from discrimination based on age, including forced retirement due to age alone. If your friend is being asked about retirement plans but has not been explicitly told to retire, it's important to clarify whether this is a suggestion or an attempt to force retirement. If her manager is reducing her responsibilities or taking away major projects, it could be perceived as constructive dismissal. It's important for her to document any instances of perceived discriminatory treatment or changes in her job responsibilities. If she is in a union, agree that she should contact her rep. |
Anonymous
| No. |
Anonymous
| The age thing is probably an excuse for whatever other reason the manager has for trying to push her out. |
Anonymous
| Is he good at her job? Maybe she sucks and the manager wants to hire someone competent. |
Anonymous
Then it would be incredibly stupid of them to mention retirement and age instead of just documenting her poor performance. |
Anonymous
It's probably some sort of personality conflict, rather than performance. |
Anonymous
OP. I don’t think it has to do with her job performance. She’s received high ratings, but there’s no telling if the management thinks they can save money by replacing her with someone new or younger. |
Anonymous
OP. No, I recall her telling me that she is not covered by the union. Also she was uncertain if the agency’s HR dept would really be her advocate. That is, would the HR be required to put management’s interest before hers? |