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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 117437
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can you terminate a 78 year old farm laborer?

Customer Question

how can you terminate a 78 year old farm laborer?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please explain and give us more details? Thank you.
Customer: replied 1 year ago.
he has been working in fields harvesting different crops, lettuce, cauliflower etc. but now that he is 78 and through the
years, he has become less able to perform duties as before. he does not want to stop working. How can we terminate
him without getting an age discrimination suit? what is the process to terminate him legally?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Such employment is deemed at will. An at will employee may be terminated for no reason at all or for any reason not solely based on his age/race/sex/disability/national origin. If he is not able to perform his duties that is not based only on his age, it is based on his inability to perform his duties regardless of his age, which means he can be terminated without any legal recourse or claim of age discrimination. So as you need no reason to terminate him, the best way to deal with this is to terminate him without any reason. If he tries to complain, you have your proof that he cannot perform his duties and you can offer that evidence to any agency he may try to complain to and to show the termination was based on that reason and not his age.