Avoiding an age-discrimination suit

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A longtime staff member who's in her late 50s is having trouble learning our new computerized billing system. We don't want to fire her, but we need to replace her with someone who can handle our new technology. If we asked her to retire, would we risk an age-discrimination suit?

A longtime staff member who's in her late 50s is having trouble learning our new computerized billing system. We don't want to fire her, but we need to replace her with someone who can handle our new technology. If we asked her to retire, would we risk an age-discrimination suit?

"Yes, that approach would likely result in a violation of age-discrimination law," says Veterinary Economics Editorial Advisory Board member Dr. Karl Salzsieder, JD, a consultant with Salzsieder Consulting and Legal Services in Kelso, Wash. "Instead, consider transferring the employee to another department where she could perform all the duties." Dr. Salzsieder says you could also consider offering your employee a severance package for early retirement—assuming she signs a release stating that she accepts the severance package in lieu of any present or future claims or suits against you.

Dr. Karl Salzsieder

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