The Age Bias in Employment Act (ADEA) protects workers 40 and over from lay off on the account of age and outlaws compulsory retirement. Terminating a worker should be done with compassion and with the company in mind. Likely this last item is the most important in whether your employee will take law suit.

You must also ask for feedback on your documentation especially whether it is sufficient to justify a separation. Make sure the questions cover the specific termination. Otherwise, you'll look like you're "out to get" the bad employee. When the worker has problems meeting the basic job requirements, you should address it in these meetings. Your Rights When Terminating An employee. o Why you shouldn't fight a claim with one important exception. When they come into your office, try not to sugarcoat, pump up, or distort the reality of the dismissal. With training, you help the worker get the professional and life skills necessary to perform well. o Chapter 10: Method For Conducting High-Risk Negotiation Meetings. You may find out you have not only hurt "old Joe" but also his sickly wife and his three fair-haired children. Outplacement helps the worker find work in the shortest time period. To remain certified, the worker must show some minimum amount of activity, such as contacting 3 or 4 potential employers every 2 weeks.