Thank you for your reply.
This has been a huge issue for the employment attorneys dealing with employment discrimination
cases. Unfortunately, employment without any contract makes the employees at will
employees, meaning they can be terminated or moved without any recourse for no reason or any reason other than solely based on the age/race/sex/national origin/disability of the employee.
The courts have said that terminating employees who are at the top end of the salary range, even though it typically impacts older workers and otherwise could be a violation of the Age Discrimination
in Employment Act, is not age discrimination as it is based on economic determinations and not solely on the age of the employee.
The sad answer in these situations is it is legal to terminate employees in this manner or to assign them to different shifts if the reason is economic and the employee's only recourse is filing for unemployment
Now, if they are making an employee quit because of their age, to avoid being guilty of age discrimination they will have to prove to valid safety
reason for doing so and prove she is not safe to patients or in the workplace. If they cannot do so, then that employee would have a claim for discrimination under the ADEA
for age discrimination if their age is the sole factor in the reason she was asked to resign.