Older worker needs to retire
OKBassman
12 Posts
I have a 67 year old male employee who has been working for us in a manual labor position for 7 years now. He is a good guy but is physically just worn out. He really needs to retire because he just cannot physically do his job any longer. He doesn't have any disability that I'm aware of, just what happens to us as we age, some take it worse than others. Offering him a part-time position is not an option because we really don’t have any operations that warrant that and he does not possess any skills for an office job (which we have no openings for anyway). I’m not looking to do anything illegal or violate any of his legal rights but what I am looking for is: (a) people’s experiences or advice in dealing with older workers who physically cannot do their jobs anymore (b) creative ways to help him on the way out without breaking the bank (c) any other thoughts or suggestions that you may have. His main concerns are health insurance and “I just don’t know what I’m going to do with myself, I gotta be doing something” and my main concern is worrying about shortening his life span. All input is welcome and appreciated.
Comments
This is something we struggle with on almost a daily basis. Twelve percent of our workforce is over 65. On the advice of our attorney, we look at each case individually. With the employee, we look at the job description first to determine the essential job duties. Then we determine if there is any accommodation we can make that will allow the individual to continue to perform his job duties.
Next, without the employee, we determine if these accommodations are reasonable. If the accommodations are not reasonable, we then determine if there are any other positions available for which the employee is qualified. If so, we offer the employee that position. If not, we tterminate on the basis that the employee was not able to perform the essential duties of the job.
We have yet to terminate so I don't know how well this procedure will stand up if challenged, but we have had employees who upon completing the process have chosen to retire. Of course, we document all of the steps along the way.
I wish you luck.
I would be somewhat concerned about entering into a conversation regarding reasonable accommodation unless there is some evidence of a disability. Arguably, by having the conversation, you are perceiving the employee to have a disability. That would invoke ADA even if the employee is not disabled.
Good luck!
Cheryl
It took some time getting through the government beauracracy, but was also an educational experience for me. I'll now be able to help other employees in similar situations. Bottom line: his Part B cost $96.40/month (which comes directly out of his Social Sec check) and his supplement cost $109.20. He was fully insured for ~$200/month. I helped him set up an annuity from his 401k, which along with his social security check made his life relatively comfortable. If he needs a little extra cash, he can go to the WalMart down the street from his home and be a greeter.
This was well worth my time, as both the employee & the company benefitted from his being able to retire.
For more info go to: CMS Announces Medicare Premiums, Deductibles for 2008 on the [url]www.cms.gov[/url] website.
In essense, you should steer clear of 'age' related discussion as much as possible. If the worker has mentioned that he no longer can perform the duties of his job, or if you or a supervisor have documentation to reflect that parts of his job that were getting are no longer getting done, focus on the fact that the work is not getting done first and the reason for the lapse in performance second. If the worker suggests he needs to leave, accept his offer. If your company is suggesting that he needs to leave, ensure that you have nothing else for him to do. If you base the decision on a medical reason, it is reasonable to obtain a medical statement ensuring fitness for duty. If you get the stmt, follow through in a way that is reasonable (i.e., change in job duties if essential duties can be preserved, transfer to another job that has duties the worker is capable of performing). Simply changing the position from FT to PT doesn't necessarily change the duties and may be an unreasonable solution. In the end, you may find that the worker must leave. I would also guard against making any provision for insurance unless you have done so before for other workers. It's a dangerous precedent if you also try to solve his insurance issue for him. Instead, direct him to sources and encourage him to solve it for himself. Maybe he would qualify for Medicaid, Medicare, or he might certainly have Cobra available if he has insurance now.
best wishes
All 4 positions are also a manual type job. But by cutting them down to part time, it allows them to be able to "keep up" physically.
We have found that by being a little more flexible, we have gained the rewards of having a reliable experienced staff.
Good Luck!
We had the party and have invited her back to other events as well. It worked out well for her and us.