When employees approach retirement, they sometimes go on autopilot. They may think there’s no way their employer will fire them at their age, assuming
Either way, such sudden drops in productivity can frustrate everyone involved, including co-workers and supervisors.
The truth is an older employee isn’t untouchable. You can demand the same level of productivity from all employees and discipline them accordingly. Just be prepared to take special steps to stay away from age bias claims. (See below.)
Recent case: Curtis Maughan, who was nearing retirement age, worked for Alaska Airlines. During an interview for an internal promotion, a manager asked Maughan about his five-year goals. Maughan confessed that he planned to retire in the next few years since he was just 18 months shy of retirement eligibility.
He didn’t get the promotion.
When Maughan asked why he’d been rejected, a supervisor told him it was partly because he’d told the interview panel that he intended to retire soon.
The next day Maughan received a very critical . It criticized some of the same things that an earlier review had praised.
Maughan suspected age discrimination and complained to HR. Instead of investigating his complaint, the airline offered him a severance package, which he refused. The airline then fired Maughan, allegedly for .
Maughan filed an ADEA lawsuit. The court sent the case to trial, saying there was enough evidence that the stated “ ” were simply a smoke screen for age discrimination. It pointed to the proximity between Maughan’s firing and his announced intention to retire, plus the fact that he was terminated for performance issues that had been previously ignored. (Maughan v. Alaska Airlines, No. 07-6198, 10th Cir., 2008)
Final note: Always try to imagine how a judge or a jury might view the employee’s version of events. Could it seem as if you’re trying to rush the employee out the door? Might a court believe you’re trying to wiggle out of paying a pension?
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9353/a-gray-area-what-to-do-when-older-workers-start-to-coast "
- Track discrimination claims to head off post-Firing suits
- 4th quarter fix: Strategies to perk up sales
- How risky is it to fire a pregnant employee having attendance problems?
- Address harassment complaint with thorough investigation—and quick action to fix problems
- Track all discipline and check for fairness