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Rocket Lawyer's Help videos provide a nice overview on a variety of legal topics from Harvard Law professor and TV Commentator Arthur Miller.

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Can employers force workers to retire?

Under the Age Discrimination in Employment Act, employees over age 40 are protected from discrimination on the basis of age. State law and local ordinances also frequently prohibit age discrimination.

Forced retirement is usually not permitted although there are certain exceptions for employers not covered by these laws or for certain types of positions. The law offers protection from termination, threats of termination, demotion or reductions in salary based on an employee's age.

Early retirement incentive packages are becoming more and more common and are acceptable if employees are given a true choice whether or not to participate. Even early retirement packages may sometimes unlawfully force an employee to retire if offered as a 'fist in a velvet glove'.

Although forced retirement is not allowed, employers may address performance issues. Older workers are not exempted from performance requirements that apply to other employees.

Arthur Miller Legal Help Videos

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