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  • Early Retirement New York

    I have an employee who has poor performance. I am placing her on a written warning with the expectation of 90 days to show improvement. If there is no improvement, can i ask her to retire early? If she doesnt show improvement, she could be facing termination.

  • #2
    I would be careful here. You can terminate an employee for bad performance. Or because you do not like their haircut (at will). You cannot terminate someone because you think that they are too old. I am going to suggest that you need to be very careful with such suggestions. Focusing on the job performance is legal. Focusing on the age is not. At best if you have an independent and supportable decision to terminate the employee, you could then present (very carefully) early retirement as an option. But you need to very clear if job performance is your reason for the termination to stay very much on that message.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by kagarcia View Post
      I have an employee who has poor performance. I am placing her on a written warning with the expectation of 90 days to show improvement. If there is no improvement, can i ask her to retire early? If she doesnt show improvement, she could be facing termination.
      You can ask but you're treading into a potentially dangerous area. Yes, she needs to clearly understand what the job expectations are, where she's falling short, what the time limit is to show sustained improvement and what the consequences will be if she does not.

      That said, I've handled a few situations like this. These were long-service employees who just weren't able to do the job any longer (or perhaps they never could but their superiors just didn't do anything about it.) I have explained to the employee that we value their years of service and contributions and would perfer not to have to get to the place where termination is the only recourse and asked them to give some thought to the possiblity of retirement. Then leave it entirely up to them.

      I've never had an employee in that circumstances opt not to retire but you do have to be careful and tactful about how you go about this.

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