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Terminating Employees

BY William J. Wortel
September 25, 2012

After 15 years of litigating employment claims and counseling employers, I have found myself repeatedly confronted with different employers making the same mistakes. This article discusses three of the most common errors made by employers, all of which can be easily avoided.

1: Offering an Older Employee a 'Retirement' Package

Well-intentioned employers sometimes are tempted to characterize a performance-based, involuntary termination of an older employee as a “retirement.” However, the mere mention of the word “retirement” in connection with a termination decision, even when offering an enhanced severance package, can lead to liability under the Age Discrimination in Employment Act (ADEA).

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