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Can You Ask...

sstognersstogner 23 Posts
in HR & Employment Law Vote Up0Vote Down
We have several employees about to hit the age 65 mark, and all of them at one time or another (some multiple times) have made off the cuff comments about retiring in the next year (or maybe even less). These comments have not been made directly to their supervisor, but just in general conversation to their co-workers, which has made it's way around the office where HR, as well as Executive Management are aware of the comments.

We have a small office of 30 employees, but we manage/consult and provide accounting services for large organizations making up around 1100 employees in total. The employees in question (regarding retiring) are all in key positions and Executive Management would like me to approach these individuals regarding their future plans in an effort to conduct long-term organizational planning.

The question we have is can we ask these individuals their retirement plans, based on the comments they've made over recent months AND, if so, what is the best approach? We certainly will not be forcing anyone to retire and will make sure that nothing is said to construe any form of age discrimination. We just need to be able to plan the rest of the year, as well as upcoming years.

In addition, for at least two of these individuals, there appears to be 'short-timers' syndrome taking effect, so we're trying to navigate those obstacles as well, knowing that we can hold them accountable for their work performance, but also knowing that to lose these individuals without proper planning will put us in quite a bind as their is a learning curve for their positions. We currently have NO succession planning policy/procedure in place, although for some of these positions we would be able to groom current employees for promotion.

Any advice would be greatly appreciated. Thanks.

sstogner
san antonio, tx
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Comments

  • 5 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    We have some of the same issues but determined that we CANNOT ask. Instead, we have made general comments at employee meetings that if anyone is planning to leave or retire within the next budget cycle to please give us a heads up as soon as possible so we can plan for it (budget cost of party, running ads, training, etc.). We always remind everyone that we counsel employees who are having problems, and want to keep good employees as long as possible. This has worked well for us in the past as usually the employee most likely to retire comes to me within a few days and starts asking questions about how it would work if they decided to retire. Trust is built and soon we have a date and a plan.
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  • sstognersstogner 23 Posts
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    [QUOTE=NaeNae55;723767]We have some of the same issues but determined that we CANNOT ask.

    I'm curious as to how you determined that you couldn't ask. Everything I've found said employers can ask, BUT you can't coerce or force retirement and puts up the Age Discrimination bumper guards. Didn't know if it was specific to your industry or something else that drove your approach. Thanks.

    sstogner
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  • NaeNae55NaeNae55 3,243 Posts
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    All you have to do is have someone relax their guard and put the question the wrong way, or perhaps have something happen and the employee tie it back to you asking the question. Your older employee can feel you are pressuring them to retire, no matter how gently you ask. The employee could be reprimanded for poor behavior which in their mind might be proof that you wanted them out due to age. The result? You get sued. We understand that if you have enough documentation, testimony, and legitimate business reasons you can expect to win the suit, but why go there? I remember reading about a case where a small business owner hired someone who was 68. The owner felt it was proof enough that he had no age bias. He settled for thousands only 2 years later.

    We see it as good business sense to avoid situations where someone might come back later and point to it as proof that you were not only aware they were ........ (fill in the blank), but that you used the information in business decisions. Again, why go there when you can accomplish the same goals by other means?

    Good luck!

    Nae
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  • sonnysonny 2,117 Posts
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    I agree with Nae. .better safe than sorry. I like the general approach in meetings.
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  • tmperrytmperry 31 Posts
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    I'm on the fence here. I've had this scenario as well...where I hear through the rumor mill that someone is talking about retiring. Honestly, I treat it the same way as if I heard that someone was planning on quitting - non-retirement style. In a non-confrontational manner I just approach the employee and say I've heard they're considering leaving (I never mention actual retiring) and let them control the conversation from there. Is it wrong to do this? I have many hitting retirement right now but they usually come to me first because I also handle the processing of their pension paperwork.
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