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I am looking at the ADEA and wondering if an employer can…

I am looking at...

I am looking at the ADEA and wondering if an employer can include in an older workers annual review that the employees #1 goal for the year is to provide their date of retirement. All other review items for the employee were satisfactory or above for the office administrator position she holds. Just prior to the annual review the employee celebrated her 70th birthday and has been planning to work two more years. Can an employer discipline an employee if they do not want to meet that goal for fear of being let go at an earlier date? Thank you for any clarification or insight you could provide.

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

No. There is no HR, just a small church office. The new minister is looking to bring in a younger and more vibrant congregation. She has not been termed but asked to supply her retirement date.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and salaried

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so...

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Answered in 2 hours by:
6/28/2018
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,168
Experience: Retired
Verified

Hello,

If the employer has a neutral policy with a mandatory retirement age for all employees, then the stated performance goal is legal. Otherwise, it's prima facie evidence of age discrimination, because the employee is being threatened with an adverse employment action unless the employee provides a definite and certain retirement date.

Note: Though your question has been sitting unanswered for many hours, please understand that I only visit this website occasionally during the week. If no one else answers a question, then I will generally answer as soon as I review the question. I apologize for any delay, but rest assured that I answered the question immediately after reviewing it for the first time.
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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,168
Experience: Retired
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Customer reply replied 1 month ago
Sorry, I was reading the reply on my phone and did not see the stars. This was the first time I have used this system. Thank you so much for your assistance

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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