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Time for retirment
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Time for retirment
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We have a gentleman that is on the older side and been employed for along time. Employees are starting to complain that they are worried working with him since he is older and drives heavy equipment.
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Time for retirment

posted at 7/11/2011 12:33 PM EDT
Posts: 189
First: 9/27/2000
Last: 9/14/2011
We have a gentleman that is on the older side and been employed for along time. Employees are starting to complain that they are worried working with him since he is older and drives heavy equipment. From the supervisors view point these complaints are not unfounded. Of course there has been some accidents but of course nothing documented. He just recently had a medical exam report done for his cdl and it came back okay. He has been offered a different job but does not want to do anything else. We want to treat the employee with respect and appreciation but just need him to move to a job where there might be less risk of high problems.
Any suggestions?
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Time for retirment

posted at 7/11/2011 5:04 PM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
Yeah. You are seriously at risk under the ADEA. I would let it go and treat him just like any other employee, which is NOT what you are doing now.
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Time for retirment

posted at 7/12/2011 6:04 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
HRPro is spot on. You should be documenting all accidents for EVERYONE and then you will have a complete record to determine if anyone is beyond norm.

You should also have standards for when you writeup people with progressive penalties.
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Time for retirment

posted at 7/12/2011 10:30 AM EDT
Posts: 189
First: 9/27/2000
Last: 9/14/2011
Can we promote him?
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Time for retirment

posted at 7/12/2011 12:27 PM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
When you asked your first question you wanted to terminate him. Now you want to promote him?

Is this a joke?
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Time for retirment

posted at 7/12/2011 12:30 PM EDT
Posts: 189
First: 9/27/2000
Last: 9/14/2011
I never said the word terminate, I said move.
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Time for retirment

posted at 7/12/2011 1:19 PM EDT
Posts: 544
First: 9/27/2004
Last: 9/13/2011
You said he didn't want to do anything else, but by a "promotion" I assume you mean moving him into a position with less risk and more responsibility.

You need to think about how this would be perceived by others. If they value his skills and experiences, then it could be a good thing. But if they see it as "kicking him upstairs" that could create another set of problems. There may be some resentment about the lack of documenting past performance issues, just because something isn't documented doesn't mean that everyone doesn't know it happened.
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Time for retirment

posted at 7/12/2011 5:26 PM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
Apologies, you didn't say terminate. You said move him someplace where he won't be a worry to others because he is old. He doesn't want to. In my world we call that constructive discharge. Given the age focus you have it could also be seen as wrongful termination. Then, out of the blue you ask to promote him. It simply amazes me.
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Time for retirment

posted at 7/13/2011 3:48 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
Dismissal, lateral move, promotion, it doesn't matter what it is, if it's because of his age, it's illegal.
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Time for retirment

posted at 7/13/2011 3:51 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
HRPro, while OP may not have said "terminate" he did say "retirment" [sic] which indicates the "move" will be out of the company - i.e., a termination.
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