Q: An older employee has been having significant performance issues during the performance cycle. She is eligible for retirement but does not want to retire. Can we require her to retire in lieu of termination? – Anonymous, Virginia
A: No. Retirement is a decision only the employee can make. Even if the individual may be able to “activate” retirement benefits or take advantage of voluntary retirement incentives, she may not be ready to do so yet for a variety of reasons. She may want to preserve the right to go work for another employer without adversely impacting eligibility for benefits, for example. You should manage the performance issues as you otherwise would.
Source: HR Specialist, by Nancy Delogu, Esq., Littler Mendelson | November 2017