QUESTION
We employ a 67 yo man. He has been back and forth between "retiring" or not. He has become insubordinate in a passive-aggressive way.
Asked on Jul 23rd, 2012 on Business Law - New Jersey
More details to this question:
Our company is moving from NJ to NC and we have a person to fill this position. If the 67yo won''t retire voluntarily, how can we get him to go without him filing unemployment? It''s not a layoff, but he does not want to move to NC and we don''t want him. He does what he wants, makes his own hours, etc.
1 ANSWER
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You can terminate the employee for insubordination. This will likely trigger both an unemployment claim and an age-discrimination claim. Get an attorney for this before you do it. The situation is fraught wih peril for the employer.
Answered on Jul 24th, 2012 at 11:14 AM