Don’t push retiring employee out early; you’ll risk age lawsuit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Don’t push retiring employee out early; you’ll risk age lawsuit

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in Discrimination and Harassment,Firing,Human Resources

Just because an older employee is preparing to retire, it doesn't give your organization the right to push him out the door.

The federal Age Discrimination in Employment Act (ADEA), which outlaws job bias against people age 40 and older, does allow you to make reasonable inquiries into employees' plans, including retirement. But watch your timing.

Employees will hit you with an age-discrimination lawsuit if they're fired right after disclosing their retirement plans. And courts will side with them.

Bottom line: Remind supervisors to make age-neutral employment decisions. And if you plan to fire, demote or discipline workers, make sure it's not right after they discussed their upcoming retirement.

Recent case: Dr. Gerald Strauch, 69, served as the head of a trauma department for 13 years. When a new director arrived, he asked Strauch about his plans. Strauch said he planned to retire in two years. Soon after, the director hired a new, younger replacement for Strauch, and Strauch was shown the door.

Strauch filed an ADEA lawsuit. The employer tried to argue that its decision didn't concern Strauch's termination, just the timing of his departure. The court didn't buy it, saying that considering an employee's age when determining the timing of a firing is no different than considering his age when making the firing decision itself. (Strauch v. American College of Surgeons, No. 02 C 3314, N.D. Ill., 2004)

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