The Court of Appeal recently recognized the rights of the baby boomers to continue to work to retirement age under a "relaxed" standard that recognizes the age and capacity of these employees even though these employees continue to otherwise be "At Will" employees. An agreement made by an employer allowing such employees to work at a different pace and under different conditions, rules and requirements until they retire may be enforceable. This decision not only signals the value of now older "baby boomer" workers, but also reflects the possible start of a pendulum swing returning back to a time when employees enjoyed an unwritten and/or implied right to work till retirement age. - Comment by Stephen A. Jamieson

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- From the Law Offices of Solomon, Saltsman & Jamieson