24 Apr Can we have a mandatory retirement age?
Question: Can we have a mandatory retirement age?
Answered by the HR Experts: With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for employees over a certain age as long as these programs are truly voluntary.
If you’re concerned about the impacts of an employee’s age on job performance or safety, we recommend addressing those issues as you would for an employee of any age. Focus your conversation on the performance or safety issues themselves and don’t bring the employee’s age into it. If you feel the issues can’t be resolved and the employee’s age is a contributing factor, you may want to consult an employment attorney before letting the employee go or nudging them toward retirement.
You can learn more about age discrimination and exceptions on the platform.
Original content by the Mineral Platform. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.