Notice: Undefined variable: apf_rel_post in /home/blogsites/olympiccoastcleanup/www/wp-content/plugins/add-post-footer/add_post_footer.php on line 373 and to find the brightest new stars that are ready to come on board and fill those positions.”>Seems there have been numerous stories in the news on employees filing age discrimination suits lately. A. Harrison Barnes, an attorney and founder of says there are a few reasons we’re hearing more about these kinds of discrimination suits. One reason, he says, is because baby boomers are now nearing retirement age and as a result, many are being forced out of their jobs in an effort to bring younger more educated employees on board that better fit into a company’s profile. That’s not all the founder has to say. “Many experts expect to see this trend to continue over the next several years”. So just what is the Age Discrimination Employment Act, or ADEA? Basically, says Barnes, this law protects employees from the time their reach their fortieth birthday until they retire from discrimination on the basis of age that would prevent them from: being hired, promoted, trained, compensated, disciplined, discharged and any other activity in the workplace.

Not only that, says A. Harrison Barnes, but one employee can’t be fired and replaced with another who falls into the protected class. One Supreme Court ruling highlights this very issue. In O’Connor v. Consolidated Coin Caterers Corporation, an employee was fired and replaced with another employee who was within the protected age range (the new employee was 40). The Supreme Court ruled that the discharged employee could still bring suit. It was a unanimous decision, notes Barnes.

So what happens when an employee needs to be discharged, but it also protected under ADEA? Barnes recommends that employers do what they’ve always done: document, document and document. The law is meant to protect employees from being discriminated against, but he says it shouldn’t come to the expense of lost profits or other negative actions that could result by keeping an employee on board who can’t do the job.

While many employment experts feel this law meant more lawsuits were coming down the pipe, it’s proven just the opposite. That could change, though. As mentioned, more baby boomers are wrapping up their working years and with the recession affecting nearly every American in a less than ideal way, many of those same baby boomers who were looking forward to retirement a few years ago are now realizing they need to extend their working days, sometimes by only a year or two, but there are those who have now decided to work another five or ten years. The jury’s still out, but it could be changes are around the corner. As with all things, time will tell.

For those employers who are saying goodbye to loyal employees who are preparing to fill their days with fishing, vacations and travel plans, courtesy of a long planned retirement, visit and to find the brightest new stars that are ready to come on board and fill those positions.

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