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Elder law: Employers can’t force seniors off the job in Ontario

October 22nd, 2018 in Elder Law & Estates

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Many people are capable of working well into their senior years. Elder law in Ontario — as in many places in Canada — has done away with a mandatory retirement age. In fact, it has been construed as being discriminatory. A law has been in place safeguarding seniors from this type of discrimination since 2012, and it is against the Human Rights Act.

The law under which seniors are protected is the Keeping Canada’s Economy and Jobs Growing Act under the Canada Labour Code. The law stipulates that if employees are let go from a job they are willing to continue, they would be eligible to receive termination pay no matter what their age. This is also the case whether or not they are eligible to receive a pension.

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It is against the law for an employer to force an employee to retire because of his or her age, but it is not against the law for an employer to offer an employee an incentive to do so. There are some instances where age does come into play — jobs where age can affect a person’s performance or could pose a risk to the employee or to others. An employer is also prohibited from not offering advancement or training to an employee because of his or her age.

There are laws in place to protect seniors of the job. An Ontario lawyer experienced in elder law will be able to answer any questions from employees who believe they may have suffered discrimination on the job because of their age. A lawyer will be able to offer guidance regarding the steps an individual can take to pursue compensation.

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