When older workers make vague assertions that they'd like to retire, immediately asking them to specify when may not be the best approach. Ignoring their assertions isn't either. Following up later with low-key questions might be preferable.
"This is a very sensitive area," said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C.
"If the employer comes across as too aggressive when asking about an employee's retirement plans, that could be viewed as age discrimination," Shea said. "On the other hand, if the employer ignores a comment like this, it could be losing a good employee before the employer is ready." That could hurt the business and morale, she noted.
Shea recommended following up in a reserved way and perhaps not in the moment.
Suppose an employee says, "Retirement can't get here soon enough!" A day or two later, the employer might ask, "When you said retirement couldn't get here soon enough, were you serious or were you just having a bad day?"
If "just a bad day" is the answer, the employer should drop the subject of retirement and follow up about the reason for the bad day and any workplace-related solutions, Shea said.
However, if the employee says, "Yes, I'm ready to go," the employer can follow up and possibly get more specifics about the employee's plans—maybe even a date or time frame, she said.
"There is nothing illegal per se about asking the employee to set a retirement date, since the employee has already...
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