Most employers know that special rules apply to separation agreements and older workers, if your business has 20 or more employees and is going to let an employee go.
BUT–those rules mean older workers, right? Like those in their 60s? Or 50s?
Nope. The law protects those 40 years old or older from age discrimination.
With the average retirement age creeping ever higher, most would not view a 40-year old as an “older worker” needing specific protection against age discrimination.
The law may not have caught up with times, but employers must keep up with the law.
Make sure your separation agreements are enforceable against all departing employees (not only 39-year old spring chickens).