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Was Your Forced Retirement In Kentucky A Form Of Wrongful Termination?

by | May 1, 2023 | Articles

Are you an older worker who recently lost your job in Kentucky due to a layoff or something similar? If so, your involuntary leaving could fall under the legal banner of wrongful termination in the eyes of the law. While there are not many jobs that have a mandatory retirement age, employers still find ways to get rid of older workers using a number of sneaky guises. Learn what they are and what you can do.

A deterioration of job conditions

Older workers may experience pay cuts, fewer hours and/or poor treatment from management. The hope with worsening work conditions is that the employee quits voluntarily. Besides forcing out older employees who can still do their jobs and have a lot to teach younger employees, this tactic can result in the older worker landing in an unexpected financial bind.

Job elimination

Maybe your layoff was the result of a so-called “job elimination.” This is a common tactic to force older workers out the door. What happens is their positions get a name change and fall into the hands of younger employees. You may need to do a bit of research to get to the bottom of just what is going on and determine whether the company is being truthful.

A shift in performance review results

You have been a great worker, one who receives equally great praise on all your performance reviews. If you have continued to put in the same level of dedication and energy into your job, but your performance reviews are suddenly less-than-stellar, your employer could be angling to get rid of you. What may be happening is your company wants to protect itself from any legal action you may take by providing evidence of why you should lose your job, regardless of your age.

Early retirement

Surely early retirement is not a form of wrongful termination? It can be if the only other alternative to retirement is termination. You may not mind taking early retirement, especially if the package offers some great perks. On the other hand, you may not be ready to leave your current position. If you do not accept early retirement, there is still a chance you may find yourself terminated in the near future, which could be a form of discrimination.

Mandatory retirement age

Touching back on mandatory retirement age, this is only common for law enforcement and firefighters. If your employer has a mandatory retirement age, it is unlikely to be legal. You could have a case if that triggered your retirement.

You do not have to feel as if you have no recourse for the sudden loss of your job. Take your case to a Kentucky legal professional experienced with age discrimination and wrongful termination.