Brian Katcher

Arthur, Spooner - S5-E1

Question: The elderly man in Carrie's overnight team, George, says that the firm is trying to force him to retire. Why don't they fire him?

Answer: Because he didn't do anything wrong. If they fired him simply for being older, he'd have excellent grounds for a wrongful termination suit. Much easier to 'convince' him to retire.

Brian Katcher

I know he didn't do anything wrong, but I thought New York was an "at-will employment" state, meaning that a company can simply terminate someone's employment at will.

Answer: To fire someone you need a reason and simply being older is not a reason. They could be sued for wrongful dismissal. If he retires the company doesn't get sued.

Ssiscool

Yes, but New York is an "at-will employment" state, so a company can terminate employment at any time, without needing to give a good explanation. Unfair but it happens.

Even in at-will States, employers and employees can still enter into binding contracts that would protect an employee from being terminated without cause. These contracts may have retirement policies as well, should an employee want to retire with any benefits offered. And, what others were saying, barring any contract, terminating someone without reason is one thing, but for an illegal reasons (age discrimination) is another matter which could result in a lawsuit.

Bishop73

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