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When disciplining older worker, be sure to document all examples of poor performance

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in Discrimination and Harassment,Human Resources

Employees who sue for age discrimination under the Age Discrimination in Employment Act (ADEA) must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action.

That is, a terminated employee must show that but for the former employer’s desire to discriminate against older workers, he wouldn’t have been fired. If there were other, valid reasons, the employee won’t win.

That’s why when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee. That makes it much harder for the employee to pin down age as the real and only reason for termination. He may be able to knock out one reason, but another may save the day.

Recent case: David was age 41 when he was fired from his job as a hospital pharmacy technician. He helped pharmacists in the control, distribution, preparation and charging of drugs.

Other duties included stocking c...(register to read more)

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