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This is kind of like the question, “Can you ask someone if they’re disabled?” You can, but plan on being sued and plan on losing. So, I would say do not do that. Because essentially walking up to someone and saying, “Hey, maybe it’s time for you to retire.” Is another way of saying, “You’re too old to be valuable to me. See ya.”
Minneapolis and St. Cloud employment law attorney Sheila Engelmeier explains that a employer recommending someone retire is an invitation to be sued.