How to Dismiss an Old Employee

It is essential to ensure you do not attempt to dismiss an older employee simply because of his age.

The dismissal of an employee can be difficult, especially so when the employee is a member of what is referred to as a "protected class." Protected classes include all workers against whom it is illegal to discriminate, including workers over the age of 40. These workers are protected from job discrimination by such laws as the Age Discrimination in Employment Act of 1967 and the Age Discrimination Act of 1975. When dismissing an "old" employee, it is essential for the employer to take certain measures to ensure no discrimination laws are broken.

Instructions

1. Examine your motives to ensure that you have a valid reason for dismissing the employee. For example, the existence of personal differences between the employee and a supervisor is not typically sufficient cause for dismissal. Make sure you have a valid reason for dismissing the older employee.

2. Provide the employee with an opportunity to change. Unless your reasoning for considering the dismissal of an older worker is for inexcusable gross misconduct such as theft, it is essential to provide the employee with sufficient opportunities to improve performance. The apparent inability of an older worker to keep up with technological advances may often be remedied through an adjustment in training methods. It is also essential to determine whether poor performance is due to the worker's inability to learn, or due to other factors outside the worker's control.

3. Gather documentation that supports your decision to dismiss the employee. It is essential for employers to regularly document employee performance from the first day of employment. Additionally, supervisors should keep a written record of all instances when a worker must be counseled or reprimanded in case it becomes necessary to prove cause for dismissal. Performance evaluations, letters of reprimand and co-worker complaints are examples of documentation that will be necessary to support your claim that the dismissal of an older worker is necessary.

4. Write a termination letter. An effective termination letter will provide a precise explanation of your reason for dismissing the worker. This clarification will help guard against potential claims that the worker was fired due to his age.

5. Conduct an exit interview. It is important to tell the employee exactly why she is being dismissed. If you have practiced due diligence in providing the worker with opportunities to improve and have given the worker sufficient counseling in regards to unacceptable behavior, the dismissal should not come as a complete surprise.

Tips & Warnings

• Offer support. Sometimes it is necessary to dismiss older workers who are simply unable to perform the duties of this particular job. In such cases, an ethical organization will provide the dismissed employee with resources such as letters of recommendation or resume assistance to ease the transition into a job that will hopefully prove to provide a better fit. Such assistance may prove vital in the event the dismissed employee attempts to file suit for wrongful termination.

• Seek legal counsel if you are unsure of the exact requirements for properly dismissing an older employee.

References

• National Archives: Equal Employment Opportunity (EEO) Terminology
• United States Department of Labor: Equal Employment Opportunity -- Age Discrimination
• Fire an Employee: When You're Ready to Make the Call -- The Right Way to Fire an Employee
• Wrongful Termination Laws: Letting Go of an Older Employee
• "Forbes"; Firing A Worker; Scott Reeves; April 27, 2006

Resources

• Read this Article in Spanish