🧠 | Forced retirement due to age is illegal under both California & federal law—with rare exceptions. |
🛑 | You can’t be forced to retire just for turning 65 or 70—that’s age discrimination. |
🏢 | Federal law (ADEA) protects workers 40+ in companies with 20+ employees. |
🏛️ | California law applies to businesses with 5+ employees—you may still be protected even if you're unsure. |
📋 | Exceptions? Yes—but only for high-level execs, certain medical roles, or tenured faculty. |
🤔 | Being asked about retirement is legal—but repeated pressure may show illegal bias. |
✍️ | You can legally extend employment past retirement age if you’re still qualified and give notice. |
📞 | If you’re being pushed out—don’t wait. Contact MJB Law Group for a free case review. |
In most cases, being forced out of a job because of age would violate California and federal anti-discrimination laws. If you’re told you must retire at a given age or feel your employer is forcing you to retire against your will, your legal rights may be violated, and you should call our office. We can talk about what’s going on and whether you may fall into one of the few exceptions to age discrimination law.
If your workplace enforces a mandatory retirement age or you feel pressured to retire earlier than desired, consult with a skilled MJB Law Group Tustin employment discrimination attorney, as you may be a victim of forced retirement age discrimination. Our Employment Attorneys Serving Costa Mesa can help you understand your rights, how state and federal laws apply to your situation, and how we can assist you. Call us for a FREE consultation at (949) 266-0880 or fill out our confidential contact form today.
Generally, an employer may not force someone to retire due to their age, but you can be asked about your retirement plans if the inquiry is made in good faith and your employer is planning for its future needs. If the inquiries are repeated, heavy-handed, and you’re being badgered into making a decision, it may be evidence of illegal bias against you because of your age.
State law covers employers with five or more employees. Mandatory retirement may not violate this law if your employer is smaller than this. Contacting us is worthwhile because, depending on how these employees are counted, you may still be protected.
The state statute is divided into two sections. The first states the overall law, and the second spells out the exceptions. This is the general rule:
Despite this language, state law doesn’t prohibit:
Given the overall workforce, relatively few of us fall into state law’s exceptions. Chances are good if you’re told you must retire because you’ve reached a certain age your employer is violating your rights.
The Federal Age Discrimination in Employment Act (ADEA) covers employers with 20 or more employees. It makes discriminating against an employee who is 40 or older due to their age unlawful, even if the employee agrees to a retirement policy spelling out a retirement age. The ADEA’s exceptions include:
State and federal law prohibit age discrimination against employees, not business partners or co-owners. If the person is a partner in a professional practice or business, they may or may not be an employee. If the organization is large and the person has little authority or autonomy, they may be considered an employee under the ADEA.
Age discrimination can severely affect your career, income, lifestyle, and well-being. If you feel you’re a victim of forced retirement age discrimination, have legal questions, or need representation, get help from an experienced employment discrimination lawyer at MJB Law Group. Our Tustin employment discrimination attorneys can discuss your rights and options and guide you through filing, negotiating, and, if necessary, litigating a discrimination claim.
Call us today at (949) 266-0880 or complete our confidential contact form for a FREE consultation and case evaluation.