Employment lawyer, CTV News, employment rights for an aging workforce

Interview Summary

Due to cost of living increases, many employees are postponing retirement in order to remain financially stable. As a result, many companies are slowly coming to terms with the prospect of an aging workforce. What are employee rights if struggling in their positions? Can employers terminate or penalize employees based on their age and productivity?

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• Discriminating employees in the workplace

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined CTV News Ottawa with Matt Skube to answer these questions and more on employee rights.

Interview Notes

• Employer suggests employee retire: There is no mandatory retirement age in Ontario and throughout Canada. Employees can work for as long as they wish and can do so. Employers that force an employee to retire have effectively terminated that employee, and can face human rights damages.
• Employee difficulties in the workplace: Employees who feel they are struggling to complete tasks and are not as productive as they’d like to be are within their rights to ask for aid from their employers. Employers should speak to their employees about their concerns and must accommodate an employee’s health conditions to the best of their ability.
• Options for employers: Employers can consider placing employees in another position that is comparable and suited for their employees. Employers must communicate and try and resolve the situation rather than terminating or penalizing an employee due to their age.