We have an older worker who is not performing up to par. Can we get sued for letting him go?

The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate against workers who are 40 years of age or older. Pennsylvania and other states also have laws which protect older workers. Anyone can bring a lawsuit claiming discrimination, but a company’s ability to defend itself from such lawsuits will depend on whether the termination was for cause or for reasonable, legitimate business reasons not based on age. A properly designed and administered performance evaluation program can be a strong defense against age discrimination claims.