“How can I ask my older employees to retire?”
This is a question that a lot of employers find themselves asking as their workforce ages but shows no signs of retiring. As an employer, it is difficult to find a place for older workers, especially as technology changes and advances, competitive and diverse skill sets become more valuable, and many once-necessary positions become obsolete. Additionally, older employees tend to cost more, as they have climbed the ladder and accrued more benefits, longer vacation times, and higher salaries. For many employers, it would be less expensive and more beneficial in the long-term to hire and train newer, younger employees and to let go of the older ones.
However, as much as an employer may want to “trade out” an older employee for a younger, more skilled individual, doing so is highly illegal. Asking an older employee to retire is just as much so.
Age Discrimination in Employment Act
Thanks to the 1967 Age Discrimination in Employment Act, mandatory retirement is outlawed. Furthermore, workers over 40 years of age are protected by the ADEA from any sort of age discrimination, including but not limited to discrimination in regards to:
In essence, the law makes it illegal to not hire, fire, promote, train, or treat an employee any differently because of their age. The law only applies to individuals 40 years and older though; if an employer chooses not to hire a person because they are “too young and inexperienced,” they have every right to follow through with that decision.
Policies to Help Your Business Avoid an Age Discrimination Suit
At Garcia & Gurney, ALC, our employment attorneys assist employers in the Pleasanton, Alameda, and Contra Costa areas comply with state and federal employment laws. Because age discrimination is a real and increasingly prevalent issue in today’s workforce, our legal experts encourage California businesses to implement a few policies that will help them avoid any possible problems regarding age discrimination.
Our employment lawyers encourage employers to enact policies regarding the following:
Contact a Pleasanton Employment Lawyer Today
At Garcia & Gurney, ALC, our employment attorneys help businesses in the Pleasanton area comply with federal and state regulations regarding discrimination. If you have an aging workforce and want to prepare for their future with your company, if you are a new company and wish to establish safeguard procedures, or even if you just want to protect yourself from discrimination lawsuits, contact our Pleasanton employment lawyers today at 925-468-0400 to schedule a consultation.
"Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"
"Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."
"Highly recommend! "
"Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."
"Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."
"Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"