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Fiscal year cycles at June 30. She was the elimination of her position this past week and given the option to continue at 19 hours a week, part time. She has said no, she needs a job with benefits. They surprised her yesterday, Friday, with her last day worked. Their letter says she is paid until end of June and 4 weeks into July for sick days and left over vacation time.

I am not all that familiar with all the ins and outs of unemployment benefits in the state of Florida but she should still file a claim.

In many states if one’s job is moved from a fulltime to a part time position, partial unemployment benefits may be available. However, since she was offered part time employment but refused it, that may not apply. But the worst that can happen if she files a claim is that Florida UI will deny the claim or the employer will contest it and it may be denied or she may only be entitled to reduced benefits. That she refused to continue on, even on a part time basis may be construed as a “voluntary” termination. But there is no harm in filing. But in order to receive unemployment benefits, assuming she is eligible, she will have to be able and available and willing to work and actively seeking employment.

http://www.stateofflorida.com/articles/florida-unemployment.aspx

http://pclsjobseekerservices.blogspot.com/2011/04/florida-unemployment-eligibility-and.html

They surprised her yesterday, Friday, with her last day worked. Their letter says she is paid until end of June and 4 weeks into July for sick days and left over vacation time. Now her termination letter say June 17th.

You have to read her termination letter carefully. I wouldn’t be all that concerned if the letter says she was terminated as of her last day worked. The important thing is if it states that she will be paid through the end of June as originally promised. You and she also need to look at her employee handbook. In many states, accrued/earned vacation time must be paid out on termination but unfortunately Florida is not one of those state and not many states including Florida mandate the same for accrued sick leave.

But if her employment handbook and her letter states otherwise, then they must adhere to that.

Does legal status change once ones passes the 59 1/2 age when it comes to retirement laws or is that half birthday only relevant to penalties on i.r.a. account withdrawls? Could the difference of one week, change her ability to get early pension benefit or are there laws surrounding 59 1/2?

If by retirement laws if you are referring to Social Security, no, you cannot begin collecting at age 59 ½.

https://www.ssa.gov/planners/retire/agereduction.html

If you are talking about a 401k (or a 403b a non-profit retirement plan which have very similar rules to a 401k), different rules for a penalty free withdraw depending on age and circumstance.

http://moneyover55.about.com/od/preretirementplanning/a/401k-Retirement-Age-55-59-1-2-Or-70-1-2-Different-Rules-Apply.htm

If a pension plan, you’ll have to read the pension plan’s docs to determine if she met the vesting requirements.

I will inquiry from an attorney search Monday whether there is a case for age discrimination or proximity to retirement thresholds issue.

Good luck with that. It sounds like age discrimination could be difficult to prove in this case unless there is a very clear pattern of the employer terminating or refusing to hire employees based solely on age.

And word to the wise, be careful when talking to an attorney and do not sign anything, assuming an attorney will take the case, unless you and your wife understand fully what the attorney will charge if anything for an initial consultation and whether or not there is a contingency on fees based on the ultimate outcome of the case.

You may want to look into or first contact the Florida Commission on Human Relations.

http://www.workplacefairness.org/file_FL

Best of luck and best wishes to you both.

Since her date of hire is Oct 6, 2006. Might there be a case or issue with her termination or position elimination, based on the close proximity to ten years and the plans eligibility for early retirement therein ? She should be 8 years vested as I write.

My wife has had mistakes in her pension statements going back 3 years. She has received token acknowlement of the errors but has been unable to for the last 2 years get a correct ledger or statement from the pension dept or agency. She again requested that 10 days ago and nothing has arrived.

My wife also inquired about the early retirement since she would have to wait 6 years for a penny and they are letting her go. Nobody responds to her request and that was 5 days ago.

Human resources seems to be a joke and really only looks after the companies interest, not the employee.