Howard Levitt: There are severe repercussions for terminating older, experienced employees. Read more
Why are many employers terminating some of their most experienced and hard-working staffers? The most obvious reason is that it is more cost effective to hire a junior employee to perform the same job at a reduced salary. Another reason is that there is a constant stream of new candidates available to replace older employees in more senior positions.We deliver the local news you need in these turbulent times on weekdays at 3 p.m.
Aside from age, the number of years of service an employee has had with the employer, and in the field generally, also warrants a lengthy notice period upon dismissal, unless that employee is bound by an enforceable contract limiting their severance entitlements. Older employees may also be subject to either express or indirect discrimination from their employer based on their age. In law, there is a remedy available to employees discriminated against based on their age called “general damages.” This is in addition to damages for wrongful dismissal.Article content
The word “retirement,” which means age-based resignation, connotes age discrimination. If the employer suggests, for example, that an employee should “retire,” that is the sort of evidence needed to establish human-rights damages for the dismissal.
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