Jack, a 61-year-old engineer, has spent the last 20 years working at his current employer, and he’s seriously considering his exit plans. However, his employer claims he must provide notice three months before he leaves his desk behind for good.
When he heard this tidbit from the HR department, he was surprised. After all, it’s more of a common courtesy than anything else to provide two weeks’ notice when switching jobs. And he really can’t see any reason for the extended notice period.
After he retires, he’ll have his 401(k). He has completed the vesting period so his employer’s matching contributions are his as well. He can decide to either leave his 401(k) in the current plan, roll it over into an IRA or take a lump sum distribution.
Other than his employer helping to set up COBRA health coverage as he leaves, he can’t see anything they’ll have control over after he leaves.
With his health in question and a long bucket list of adventures in mind, he wants to retire as soon as possible. But this notice requirement is putting a wrench in his plans.
So, can he retire now? Or does he have to wait out a three-month notice period?
A retirement exit plan
After getting some troubling health news, Jack wants to accelerate his retirement and leave the working world behind. Although he’s only 61, he has decided he has enough saved to walk away. Initially, he had planned to retire as soon as possible. But news of the three-month notice requirement has given him pause.
Generally, an employer cannot require three months’ notice before you retire or leave your job. The exception to this would be if the three-month notice requirement was built into your employment contract. But since Jack didn’t sign anything stating he would provide three months’ notice, he’s not legally obligated to provide this lengthy heads-up. It appears here that a three-month notice period is simply a request to “play nice” instead of something with serious legal repercussions.
He doesn’t have a traditional pension, which means that he needn’t wait for some state law or other traditional waiting periods before a pension becomes available. He has control of his 401(k), and the company can’t withhold his retirement savings.
In terms of his paychecks, they generally can’t withhold his last paycheck in retaliation for an early departure. While he does need their assistance transitioning into a COBRA plan, it doesn’t seem likely that the company would need three months to process this paperwork.
Retirement without notice: Is there a risk?
Although Jack isn’t legally required to provide the notice, there are some risks to snubbing your final employer. Opting to skip out on the three-month notice requirement could rub his employer the wrong way. If his plans change or he wants to return to work in the form of a consultant, this final snub could come back to haunt him.
As most can agree, burning bridges at any stage of your career, even at the end of it, could be a bad move. Presumably, you’ve worked with your co-workers and managers for years. Leaving them in the lurch could leave a bad taste in everyone’s mouth.
Of course, Jack’s situation is unique. With a recent health scare, he has a compelling reason to jump ship as soon as possible. Instead of simply sending an email with your retirement news, consider scheduling a meeting with your manager as soon as possible. You can break the news to them and potentially share your reasons for the rushed exit, if you feel comfortable with that level of sharing.
If Jack weren’t in such a hurry to get to retirement due to health reasons, it might be a good idea to wait out the three months as a courtesy to his employer and fellow employees. After all, leaving on a good note has merit. And it might pay off in the form of extra contracting work when you need it during retirement.
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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