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I've got a mechanic that is over 65 that will never be able to retire as he started with the company too late in life.

Now in the last few years he's had poor health and can't physically do the job and keep up with the pace... do I have any restraints on firing him legally?

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Well absenteeism is a big issue. Last year he missed 32.5 days sick and also used all 4 weeks of vacation time.

We want the ducks in a row before dumping the issue with HR.

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contact your lawyer. why are you asking about this on some random internet site? your lawyer charges $195 an hour and can resolve this in 30mins.

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Well absenteeism is a big issue. Last year he missed 32.5 days sick and also used all 4 weeks of vacation time.

We want the ducks in a row before dumping the issue with HR.

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I'm sure you could come up with some reason. Is GA a right to work state? In Pa, I don't need a reason to fire someone. I can do it for any reason at any time.

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We've got a mechanic that is over 65 that will never be able to retire as he started with the company too late in life.

Now in the last few years he's had poor health and can't physically do the job and keep up with the pace... do we have any restraints on firing him legally?

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contact your lawyer. why are you asking about this on some random internet site? your lawyer charges $195 an hour and can resolve this in 30mins and bill you for four hours.

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fixed.

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I would just throw the 65 year old piece of shit away like the Trash he is.........Maybe someday when your old and in need someone will pay the favor back to you.

Why not talk to him first and see what you both can come up with. He might agree with you and tell you it's time for him to go.

EMPLOYMENT AT WILL

Georgia recognizes the doctrine of employment at will.  Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause or no cause at all, so long as it is not an illegal cause.

DISCRIMINATION

Age:  The Age Discrimination in Employment Act prohibits discrimination against workers who are 40 years of age or older.  The law applies to all private employers with 20 or more employees, employment agencies and certain labor unions.  Georgia law provides it is a misdemeanor to discriminate in hiring and employment against individuals between the ages of 40 and 70.

Bankruptcy:  Generally, federal law prohibits discrimination in employment decisions against people who have declared bankruptcy.

Disability:  Employers are prohibited from engaging in discrimination against qualified individuals with a disability by the Georgia Equal Employment for People with Disabilities Code, The Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990.  A "qualified individual with a disability" is an individual who possesses the requisite skills, experience, education, and other job-related requirements of the position and who can perform the essential functions of the job with or without reasonable accommodation.  An "individual with a disability" is a person with a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded by the employer as having such an impairment.  The determinatin of whether a person is “disabled” should be made with reference to measures that might mitigate that individual’s impairment, including medicine or eye glasses.  Typical "major life activities" are caring for oneself, performing manual tasks, walking, hearing, speaking, breathing, learning and working.  "Reasonable accommodation" might include making existing facilities accessible to the disabled, restructuring jobs, reassigning work or otherwise modifying schedules, or revising employment tests.  An employer is not required to create a job that does not already exist.  An accommodation is not reasonable where it would cause the employer undue hardship (significant difficulty or expense).

Equal Pay:  The Equal Pay Act and Georgia law forbid employers to pay different wages to men and women who are performing equal jobs.  

Pregnancy:  The Pregnancy Discrimination Act prohibits discrimination because of or on the basis of pregnancy, childbirth, or related medical conditions. Women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits, as other persons not so affected but similar in their ability or inability to work.

Race, Color, Religion, Sex or National Origin:  Title VII of the Civil Rights Act of 1964 prohibits discrimination (any adverse employment action) by employers of 15 or more employees, employment agencies, and labor organizations on the basis of race, color, religion, sex or national origin.

Section 1981 prohibits discrimination against employees based on their race.

Retaliation:  The law prohibits employers from retaliating against their employees for asserting their rights to be free of discrimination.

Sexual Orientation:  There is currently no Federal or Georgia law prohibiting discrimination against employees based on their sexual orientation.

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Fla is an at will state as well and employers who have done what you suggest get hauled into court all the time and often lose.Federal law can kick you in the butt.

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I would just throw the 65 year old piece of shit away like the Trash he is.........Maybe someday when your old and in need someone will pay the favor back to you.

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fixed.

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I'll say this I hope that if you fire him for "being too old to do the job"  I hope your company gets fucked in the ass with no lube.  That is in accordance with GA statues regarding EEOC ......Shall not discriminate on the basis of race, age, gender, religion.....But hey go ahead fire him and if he has anywhere remotely approaching half a brain I'm sure your company will love to pay for his back wages for about the next 2 years plus court costs etc.  The absenteeism, is most likely covered under the FMLA laws, and can be applied ex post facto.

Now with that being said what your company can do is review the standards of which it takes to do whatever XYZ job, by this you take all individuals in job XYZ and pay for them to undergo a medical exam (physical) to see if they are medically qualified for a job.  If not then said person is a safety risk to themselves and to others in the work site, and is to be transferred off that job.  

Therein lies another problem.  If the company has a med eval done, and the person is found to be unable to do the job you may have a disability claim on your hands.

Best course of action may be to just suck it up and smile.

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Here is a crazy idea....... TREAT HIM THE WAY YOU WOULD LIKE TO BE TREATED AT THAT AGE!!!!!
You might be lucky enough to live that long too. I'll tell you what I have learned and witnessed, shit comes back to bite you even if it takes a long time.
I bet you aren't loosing any money on him....... maybe just not making the profit you would like to.

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You can't run a business that way and expect to stay in business long.  One guy not keeping up soon turns into everyone not keeping up and customers being dissatisfied.  Customer's don't leave money on the table to the point that you can say something as simple as "well duh, just make less profit!".  Owning a business doesn't mean you have an infinite money cave in back and the magical ability to set prices and expectations so that things just work out.  You do what you have to do to keep things going.  That's just the way the world works.

If you feel so strongly about treating this 65 year old right, then you should have no problem sending the OP a weekly check so he can keep the guy paid, right?  Or is this just another case of someone telling another person how to spend their money on someone else?  

If the guy can't do the job, he needs to retire and get a job doing something that his current capabilities allow.  This job is not the last job on Earth and there are plenty of other things a 65 year old can do.  This of course completely ignores the fact the guy had atleast 40 YEARS to take care of business and save for retirement.  We all know that old age is coming for us, retirement should come as a suprise to no one.

Of course, he may have taken care of business and he may only be working to keep himself busy.  If that's the case then this should be no big deal to him other than having to figure out what to do now to keep himself busy.

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Agree.

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Age has nothing to do with it.  Either a person meets the standards of the job requirements or doesn't.



That includes Army Special Forces:



http://lh6.ggpht.com/_yM1mA5E8NuY/St_p2T_9eLI/AAAAAAAAGzY/Xcq2C3uSzlM/AG%20Military-03%20(8).jpg

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As the other poster mentioned look to your state laws above whatever else anybody here says.

I noticed you mentioned that the employee was ill a lot lately. What is your company's policy regarding sick leave and absenteeism?? Personally I would not terminate an employee for not being able to do his job. Sure, there is relief for those situations but much of the time it is a slippery slope and a misstep could lead to a lawsuit. If he is missing a lot then you could look to 'excessive absenteeism' as cause but again, I would make sure your bases are covered before you do.

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Move the guy to another position and have him contribute in other ways. Make him a super and have him mentor some of the younger guys.

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And contact a friend of his who will contact the employee so a simple problem will turn into a couple of boat payments for the two barristers which your company will pay for.

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As the other poster mentioned look to your state laws above whatever else anybody here says.

I noticed you mentioned that the employee was ill a lot lately. What is your company's policy regarding sick leave and absenteeism?? Personally I would not terminate an employee for not being able to do his job. Sure, there is relief for those situations but much of the time it is a slippery slope and a misstep could lead to a lawsuit. If he is missing a lot then you could look to 'excessive absenteeism' as cause but again, I would make sure your bases are covered before you do.

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We've got a mechanic that is over 65 that will never be able to retire as he started with the company too late in life.

Now in the last few years he's had poor health and can't physically do the job and keep up with the pace... do we have any restraints on firing him legally?

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it takes the average person 4-5 lawyers before they find a good one. and when you find one you keep them....................

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What a load of liberal crap. And while the law may be on your side of the argument - that doesn't make it any less crap-tastic.

Getting old and not being able to perform as you used to is a fact of life for everyone, should they be lucky enough to get there.
There are lots of things I won't be doing at age 70 that have nothing to do with my work. Who, exactly, should I sue over that?
I'm sure losing a job sucks, but if this old man has planned for his future, then he should be OK. What if he's not? Well... that's on him. The whole 'personal responsibility' bit.

I'm dying to know what reasoning you use to justify forcing a business/employer to keep a man on staff that can't do the job any longer.
The people who have responded negatively obviously don't have any experience owning or running a business.
Business owners don't spend 18 hours a day working and prematurely kililng themselves w/ stress so they can 'lend a helping hand' to the unfortunate.
A job should be considered a mutually beneficial arrangement. When it ceases to be beneficial to one or both parties, why exactly should it continue?

There are plenty of positions older people can fill where their age is not a handicap. Keeping a man on staff that can't cut the mustard is ridiculous.
How many SF operators do you know of that are 80? Should we sue the US govt?????

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If he's a good worker is there any way he can still be productive and be on payroll? e.g. bookkeeping, answering phones, etc?

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still beats the $10,000,000 jury verdict and the $1,000,000 legal fees attached to that.

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I would just throw the 65 year old piece of shit away like the Trash he is.........Maybe someday when your old and in need someone will pay the favor back to you.



Why not talk to him first and see what you both can come up with. He might agree with you and tell you it's time for him to go.

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This!  The elderly person has something that you guys don't have... he has years of experience and wisdom under his belt.  He's a valuable resource that while he may not be able to do the physical labor, I bet he can bring insight to the workplace that may become invaluable.  

If your company is interested in only the bottom line and can't see past it, then he'd be better off to go and let your company reap the rewards of it's short sightedness.  

If your company is interested in only the bottom line and can't see past it, then he'd be better off to go and let your company reap the rewards of it's short sightedness.