Legal Question in Employment Law in California

Can a company hold different performance criteria for employees based upon age? Can we make it less physically demanding for older employees - so that we can keep them?


Asked on 1/26/10, 6:31 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Employers are entitled to set and change hours, duties, titles, compensation, benefits, etc for 'at will' employees. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed. Making distinctions on age or other 'protected by Civil Rights law categories' could be risky if not done properly. The best of intentions can backfire. You should really consult in detail with experienced counsel. If serious about doing so, feel free to contact me.

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Answered on 2/01/10, 12:07 pm


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