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I'm turning 65 this October and planning to give notice on my birthday. My employer, a large Canadian bank, requires at least 90 days retirement notice. I've been working for them since 2005. They have put me on to some troubled projects that no one wants to work on. Is this a way of forcing me to resign so they don't have to give me my retirement benefits, including lifelong group health insurance? Can they lay me off before I give notice, or during my notice period to save costs? I've been getting good performance appraisals every year and plan to provide excellent service until my last working day (not slack off).
Hello, and thank you for your question.
First, if it’s clear that your employer explicitly requires 90 days’ notice of your retirement, then if you comply with this requirement by providing the requisite amount of notice, then it should be “business as usual” during those 90 days, i.e., the usual terms and conditions of your employment, including in regards to job performance, attendance, conduct, etc., continue to apply, including the right to remain employed until the end of the notice period unless you engage in egregious misconduct or give some other actionable reason for your early dismissal. If you’ve generally been a good performer and have no disciplinary record, and if you plan on maintaining exemplary performance throughout the notice period, then this should not be a problem.
Finally, whether or not your employer has any right to lay you off depends on several factors, including what you mean by “lay off”. Perhaps you’re asking whether the employer can waive the requirement for you to work during the 90 day retirement notice period without paying you. If you are complying with the employer’s specific requirement that you provide 90 days of notice, then it’s usually the case that the employer has to pay you until the end of the 90-day period, whether or not they require you to actively work for the entirety of the period.
As you can see, your inquiry raises numerous important questions. If you’re concerned about preserving your retirement entitlements and/or concerned about any questionable tactics in which your employer may engage, you are strongly encouraged to call the number below to set up a consultation during which your questions can be more fully analyzed and answered.
Thank you
First, if it’s clear that your employer explicitly requires 90 days’ notice of your retirement, then if you comply with this requirement by providing the requisite amount of notice, then it should be “business as usual” during those 90 days, i.e., the usual terms and conditions of your employment, including in regards to job performance, attendance, conduct, etc., continue to apply, including the right to remain employed until the end of the notice period unless you engage in egregious misconduct or give some other actionable reason for your early dismissal. If you’ve generally been a good performer and have no disciplinary record, and if you plan on maintaining exemplary performance throughout the notice period, then this should not be a problem.
Finally, whether or not your employer has any right to lay you off depends on several factors, including what you mean by “lay off”. Perhaps you’re asking whether the employer can waive the requirement for you to work during the 90 day retirement notice period without paying you. If you are complying with the employer’s specific requirement that you provide 90 days of notice, then it’s usually the case that the employer has to pay you until the end of the 90-day period, whether or not they require you to actively work for the entirety of the period.
As you can see, your inquiry raises numerous important questions. If you’re concerned about preserving your retirement entitlements and/or concerned about any questionable tactics in which your employer may engage, you are strongly encouraged to call the number below to set up a consultation during which your questions can be more fully analyzed and answered.
Thank you