GOOD EVENING.

I'M SANDY THOMPSON, THE HOST OF LIFE AHEAD RIGHT HERE ON PBS FOR WAYNE.

I'M SO GLAD YOU'RE WITH US TONIGHT.

WE HAVE AN EXTREMELY INTERESTING TOPIC.

WE'VE NEVER HAD THIS TOPIC BEFORE.

IF YOU HAVE A JOB YOU NEED TO WATCH THIS SHOW BECAUSE WE'RE GOING TO TALK ABOUT EMPLOYMENT ISSUES AND WE'RE GOING TO GET INTO SOME SPECIFICS ABOUT PEOPLE 40 OR OVER THAT MAYBE LOSE THEIR EMPLOYMENT OR ARE SEEKING EMPLOYMENT.

WHAT ARE SOME OF THEIR LEGAL POSSIBILITIES FOR THEM?

AND WE HAVE SOME EXPERTS IN THE FIELD THAT ARE GOING TO BE HERE TO ANSWER YOUR QUESTIONS TONIGHT AND AS WE ALWAYS DO, WE WELCOME YOUR PHONE CALLS.

THIS IS OUR SHOW.

SO IF THERE'S SOMETHING YOU'D LIKE TO KNOW ABOUT THE LEGAL SYSTEM ESPECIALLY THE TOPIC OF EMPLOYMENT, PLEASE GIVE US A CALL.

THE NUMBER IS NINE SIX NINE TWENTY SEVEN TWENTY AND YOU'LL SEE THAT HERE ON THE BOTTOM OF THE SCREEN PERIODICALLY.

MEANWHILE, I'D LIKE TO INTRODUCE YOU TO TED STORE.

TED, WELCOME TO LIFE AHEAD.

SANDY, THANK YOU FOR HAVING ME.

IT'S A PLEASURE TO BE HERE AND THIS IS TED'S FIRST TIME SO WE'LL BE GENTLE WITH YOU, CHAD.

I APPRECIATE IT.

AND TED IS IS AN EXPERT ON THIS AREA WE'RE GOING TO BE TALKING ABOUT IN TERMS OF EMPLOYMENT.

HEIDI ADARE IS GOING TO BE JOINING US A LITTLE BIT LATER AND YOU'VE MET HER BEFORE, SPECIALIZES IN ELDER LAW AND SHE'LL BE TAKING QUESTIONS LATER AS WELL.

BUT I WANT TO START WITH YOU, TED.

WE'RE TALKING ABOUT EMPLOYMENT ISSUES ESPECIALLY FOR OLDER WORKERS SAYING ANYONE OVER THE AGE OF 40 SHOULD THEY HAVE CONCERNS ABOUT EMPLOYMENT?

WHAT KIND OF THINGS SHOULD THEY LOOK AT OR BE CONCERNED ABOUT?

SURE.

SANDY KNOW MUCH OF THE DISCUSSION ON YOUR SHOW CENTERS AROUND ESTATE PLANNING WHICH IS GENERALLY A CONCERN OF PEOPLE WHO ARE OLDER OR MAYBE SHOULD SAY HAVE MORE WISDOM THAN THOSE SAME INDIVIDUALS MAY BE THINKING ABOUT THOSE ISSUES WITHIN THEIR EMPLOYMENT SITUATION.

OLDER EMPLOYEES HAVE MORE IMMEDIATE CONCERNS THAN YOUNGER ONES ABOUT RETIREMENT BENEFITS FOR THEIR FAMILY AND WHAT HAPPENS IF THEY NEED TO FIND A NEW JOB.

WE KNOW STATISTICS SHOW THAT MORE OLDER WORKERS ARE POSTPONING RETIREMENT.

CONTINUING TO WORK IS IN TWENTY EIGHTEEN.

THE BUREAU OF LABOR STATISTICS SHOWED THAT 40 PERCENT OF PEOPLE AGE 55 OR OLDER WILL STILL ACTIVELY WORKING IN THE UNITED STATES.

THAT SAME DIVISION THE BUREAU OF LABOR STATISTICS IS SHOWING THAT BY TWENTY TWENTY FOUR THE NUMBER OF EMPLOYEES OVER THE AGE OF FIFTY FIVE WILL REACH FORTY ONE MILLION COMPARED TO TWENTY SEVEN MILLION IN TWO THOUSAND AND EIGHT.

SUCH A SUBSTANTIAL INCREASE IN THE NUMBER OF PEOPLE WHO ARE REMAINING IN THE WORKFORCE.

SO THOSE PEOPLE HAVE SOME SPECIAL CONCERNS BECAUSE OF THE RETIREMENT BENEFITS THEY HAVE AND AGAIN WHAT HAPPENS IF THEY NEED TO FIND A NEW JOB?

WE KNOW THAT AT SOME AGES AGE 50 FOR EXAMPLE, EMPLOYEES CAN CONTRIBUTE MORE TO DIFFERENT TYPES OF BENEFITS THAN EMPLOYEES UNDER THE AGE OF 50 FOR INSTANCE YOUR 401K YOU CAN ADD A NEW CONTRIBUTION FOR THOSE INDIVIDUALS OVER FIFTY OF SIX THOUSAND FIVE HUNDRED DOLLARS THAT A WORKER UNDER THE AGE OF 50 CANNOT CONTRIBUTE.

THE SAME THING'S TRUE WITH SOME OTHER BENEFITS AN HSA, YOUR HEALTH SAVINGS ACCOUNT.

SO THOSE ARE SPECIAL CONCERNS THAT THOSE EMPLOYEES HAVE.

YEAH, I CAN UNDERSTAND THAT.

WHAT ABOUT LEGALLY TED?

ARE THERE LAWS THAT GO AGAINST DISCRIMINATION FOR OLDER WORKERS?

HOW CAN YOU BE PROTECTED LEGALLY?

SURE.

THERE ARE A NUMBER OF LAWS THAT PROTECT WORKERS FROM ILLEGAL DISCRIMINATION BY THEIR EMPLOYER AND DISCRIMINATION CAN COME IN THE FORM OF OVER DISCRIMINATION OR HARASSMENT.

BUT SPECIFICALLY THOSE EMPLOYEES OVER THE AGE OF 40 ARE PROTECTED BY THE AGE DISCRIMINATION IN EMPLOYMENT AFTER THE ADA THAT PROVIDES PROTECTION AGAINST DISCRIMINATION BASED ON AGE FOR WORKERS OLDER THAN 40 THE ADA WAS PASSED IN 1967 AND HAS BEEN AROUND FOR ABOUT FIFTY FOUR YEARS NOW SO THE ADA A.D.A ITSELF WOULD BE COVERED BY ITS OWN TERMS TO CLARIFY THE PROTECTION THAT'S PROVIDED TO OLDER WORKERS.

CONGRESS PASSED ANOTHER LAW CALLED OLDER WORKERS BENEFITS PROTECTION ACT AND THAT CLARIFIED THE ACA TO SAY THAT EMPLOYERS CANNOT DENY BENEFITS LIKE HEALTH INSURANCE OR PENSIONS TO OLDER WORKERS.

THE ADA A.D.A EXCUSE ME ONLY APPLIES TO EMPLOYEES EMPLOYERS WITH MORE THAN 20 EMPLOYEES.

THIS IS A LITTLE BIT DIFFERENT THAN SOME OF THE OTHER DISCRIMINATION STATUTES THAT ONLY REQUIRE 20 OR 15 EMPLOYEES BUT 20 EMPLOYEES IS NECESSARY FOR THE ADA TO HAVE A CLAIM FOR AGE DISCRIMINATION.

INDIANA ALSO HAS ITS OWN CIVIL RIGHTS ACT CALLED THE INDIANA CIVIL RIGHTS ACT AND IT HAS A SPECIAL PROVISION CONCERNING AGE DISCRIMINATION AND SO THAT STATE LAW PROVIDES AND COVERS THINGS THAT ARE RELEVANT TO STATE EMPLOYERS WITH MORE THAN SIX EMPLOYEES.

I SEE.

WHAT ABOUT AGE DISCRIMINATION IN TERMS OF CLAIMS THAT PEOPLE MAKE?

HOW COMMON IS IT THAT SOMEBODY TAKES LEGAL ACTION AND WHAT ARE SOME COMMON REASONS OR CAUSES FOR AGE DISCRIMINATION WITH THE FIFTIETH ANNIVERSARY OF THE EXCUSE ME WITH THE FIFTIETH ANNIVERSARY OF THE 80S AND 90S EXCUSE ME TWENTY EIGHTEEN THE EEOC WHO INVESTIGATES CLAIMS OF DISCRIMINATION STARTED COMING UP WITH STATISTICS AND ACCORDING TO THE REPORT FROM THE EEOC SEE 60 PERCENT OF THE WORKERS IN THE UNITED STATES AGED FORTY FIVE AND ABOVE BELIEVE THAT THEY HAVE EXPERIENCED AGE DISCRIMINATION IN THE WORKPLACE AND THEY VIEW IT AS A COMMON OCCURRENCE, A HINDRANCE IN FINDING WORK.

OVER 50 PERCENT OF THE WORKERS IN THE UNITED STATES FEEL THAT THEY ARE FORCED OUT OF EMPLOYMENT BEFORE THEY REACH THE RETIREMENT AGE.

SOME OF THAT IS INDUSTRY SPECIFIC.

WE THINK OF SOME OF THE INDUSTRIES WHERE THERE ARE YOUNGER PEOPLE SUCH AS INFORMATION TECHNOLOGY IT COMPUTER EMPLOYEES IN THAT FIELD AND INDUSTRY BELIEVE THAT ALMOST 40 PERCENT OF THEM HAVE FEARS ABOUT BEING TERMINATED BECAUSE OF THEIR AGE AND THEIR AGE IS A LIABILITY.

WHEN THE ADA STARTED BEING INVESTIGATED BY THE EEOC THEY STARTED TRACKING STATISTICS AND THEY SHOW THAT ONLY THREE PERCENT OF POTENTIAL CLAIMS END UP RESULTING IN A CHARGE OR A COMPLAINT WITH THE EEOC.

THAT'S NOT MUCH IT'S VERY LIKELY THAT WHAT WOULD ENCOURAGE PEOPLE THEN TO TO TRY TO TAKE SOME LEGAL ACTION IF THE PERCENTAGE OF WINNING SOMETHING IS LOW?

WELL, IT'S NOT NECESSARILY A PERCENTAGE OF WINNING SOMETHING.

THE CONCERN IS HOW IS THIS GOING TO FACTOR INTO MY ABILITY TO FIND ANOTHER JOB?

THIS IS THE STANDARD WAY OF BEING DISCRIMINATED IS YOUR EMPLOYER TAKES AN ADVERSE ACTION AGAINST YOU.

THAT'S USUALLY SOME SORT OF SUSPENSION OR TERMINATION.

AND SO WHEN THAT OCCURS YOU HAVE TO GO AND YOU HAVE TO FIND ANOTHER JOB AND THAT PUTS THESE EMPLOYEES AT RISK BECAUSE OFTEN THE EMPLOYEES DON'T WANT TO HAVE THE STIGMA OF BEING THAT PERSON WHO FILED A CHARGE OR COMPLAINT AGAINST THEIR PRIOR EMPLOYER THAT MIGHT LABEL THEM AS A TROUBLEMAKER OR SOME SORT OF PERSON WHO A NEW EMPLOYER WOULD WANT TO HIRE.

SO ALL OF THOSE FACTORS OFTEN RESULT IN AN OLDER EMPLOYEE NOT FILING A CHARGE OF DISCRIMINATION EVEN THOUGH AS WE'VE SEEN FROM 20 TO SEE STATISTICS WE SEE THAT PEOPLE BELIEVE THEY'RE BEING DISCRIMINATED BUT THEY'RE NOT GOING TO FILE THAT CHARGE.

WELL, LET'S LET'S SAY THAT YOU'RE WORKING FOR A COMPANY AND YOU HAVE BEEN LET GO OR DEMOTED OR WHATEVER ELSE AND YOU THINK IT'S BECAUSE OF AGE.

WHAT CAN YOU DO?

WHAT ARE THE LEGAL STANDARDS FOR PROVING AGE DISCRIMINATION, DISCRIMINATION HARASSMENT TAKES THE FORM OF MANY DIFFERENT CONTEXTS A TERMINATION OBVIOUSLY IS THE MOST SEVERE AND HAS THE BIGGEST IMPACT ON YOUR EMPLOYEE.

OBVIOUSLY IF YOU'VE BEEN DISCRIMINATED THAT RESULTS IN A TERMINATION YOU ALWAYS HAVE THE RIGHT TO GO AND FILE A CHARGE OF DISCRIMINATION AND THAT CHARGE OF DISCRIMINATION IS A PREREQUISITE TO FILING A LAWSUIT.

THAT CHARGE OF DISCRIMINATION WOULD BE FILED WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

THERE'S AN EEOC OFFICE IN INDIANAPOLIS THAT TAKES CHARGES BY ONLINE OR TELEPHONE AND ASSISTS THE INDIVIDUAL NOT IN COMING UP WITH THE CHARGE BUT HELPING THEM AND FILING IT FOR LOCAL VIEWERS.

FORT WAYNE, YOU COULD ALSO FILE A CHARGE WITH THE CITY OF FORT WAYNE METROPOLITAN HUMAN RELATIONS COMMISSION OR METRO.

METRO HAS ITS OWN STAFF AND INVESTIGATORS.

THEY ARE AFFILIATED OR REGISTERED WITH THE EEOC AS A LOCAL EMPLOYMENT PRACTICE AGENCY AND SO THEY CAN JUST AN EMPLOYEE WHO HAS BEEN DISCRIMINATED AGAINST OR FEELS THAT THEY'VE BEEN DISCRIMINATED AGAINST ON THE BASIS OF AGE.

IF YOU'RE STILL EMPLOYED AND YOU'VE BEEN A VICTIM OF HARASSMENT, I WOULD TELL YOU THAT THAT EMPLOYEE SHOULD FOLLOW THE COMPANY POLICIES.

YOU SHOULD REPORT THE DISCRIMINATION BY APPLE EMPLOYEE TO YOUR SUPERVISOR OR HUMAN RELATIONS AND YOUR HUMAN RESOURCES OFFICER SHOULD INVESTIGATE WHETHER OR NOT YOU HAVE A LEGITIMATE CLAIM AND ASSIST YOU AND TAKE APPROPRIATE ACTION.

I EMPLOYEE EMPLOYEE SHOULD ALWAYS LOOK AT AN EMPLOYMENT HANDBOOK OR AN EMPLOYMENT MANUAL THAT SETS OUT THOSE POLICIES.

OFTEN THEY GIVE YOU A SPECIFIC WAY OF REPORTING THAT THAT IS GOING TO BE A CONFIDENTIAL REPORT AND THEN EMPLOYERS WILL NOT MOST IMPORTANTLY RETALIATE AGAINST YOU IF YOU FILE A LEGITIMATE CHARGE OR CONCERN OF DISCRIMINATION.

WHAT DO I DO, TED?

IF I FEEL THAT I HAVE BEEN DISCRIMINATED AGAINST AND THE EMPLOYER ASKS YOU TO SIGN A RELEASE, SHOULD YOU DO THAT OR WHAT ARE THE CONCERNS THERE THAT SHOULD BE ATTENDED TO?

SURE.

OFTEN EMPLOYERS WILL RECOGNIZE THAT THERE MAY HAVE BEEN SOME SORT OF DISCRIMINATION OR HARASSMENT AGAINST AN EMPLOYEE.

ONE OF THE EASIEST THINGS THE EMPLOYER CAN DO WHILE EMPLOYERS DON'T WANT TO DO THIS IS TO OFFER SOME SORT OF MONEY IN ORDER TO GET A RELEASE.

THIS IS NO LONGER WORKING OUT FOR US.

WE KNOW YOU'RE CONTEMPLATING RETIREMENT.

HOW ABOUT WE GIVE YOU A SEVERANCE AND THEY REACH SOME SORT OF AGREEMENT OR OFFER WITH THE EMPLOYEE TO ALLOW THE EMPLOYEE TO LEAVE VOLUNTARILY IF AN EMPLOYER ASKS AN EMPLOYEE TO SIGN SUCH AN AGREEMENT, I WOULD ALWAYS ADVISE THAT INDIVIDUAL TO SEEK OUT AN ATTORNEY.

THERE ARE A NUMBER OF FINE ATTORNEYS IN FORT WAYNE WHO CAN HELP YOU FOR A SMALL PRICE FOR A FREE CONSULTATION DEPENDING ON THAT INDIVIDUAL ATTORNEY'S PRACTICES TO REVIEW THAT CONTRACT.

YOU WANT TO MAKE SURE THAT YOU'RE NOT WAIVING ANY ADDITIONAL RIGHTS.

YOU WANT TO MAKE SURE THAT WHAT YOUR EMPLOYER IS TELLING YOU IS WHAT'S IN THE AGREEMENT BECAUSE THAT AGREEMENT IS GOING TO TAKE PRECEDENCE OVER ANY OTHER ORAL AGREEMENTS OR STATEMENTS.

SO TO RELEASE A CLAIM FOR AGE DISCRIMINATION OR SPECIAL RULES, YOU ALWAYS WANT TO LOOK AT THAT DOCUMENT AGAIN.

YOU SHOULD CONSIDER CONSULTING WITH AN ATTORNEY BUT AN AGREEMENT TO WAIVE OR RELEASE A CLAIM FOR AGE DISCRIMINATION MUST BE IN WRITING.

IT MUST ADVISE YOU TO SEEK YOUR OWN COUNSEL, YOUR OWN ATTORNEY .

IT MUST EXPLICITLY GIVE YOU TWENTY ONE DAYS TO CONSIDER THE OFFER AND THE EMPLOYER CANNOT REVOKE THAT OFFER.

SO IF YOUR EMPLOYER ON A FRIDAY DECIDES THAT IT'S TIME FOR ME TO GO.

IF YOU'RE WORRIED ABOUT AN AGE DISCRIMINATION CLAIM YOUR EMPLOYER HAS TO IF YOU TWENTY ONE DAYS TO CONSIDER THAT THE LEASE AGREEMENT EVEN IF YOU SIGN THAT LEASE AGREEMENT THE CONTRACT AND THE LAW GIVES YOU SEVEN DAYS TO REVOKE YOUR ACCEPTANCE YOU MAY NOT GET ANY BENEFITS SUCH AS YOUR SEVERANCE BUT IT ALSO GIVES YOU THAT SEVEN DAY PERIOD TO REVOKE AND THERE SHOULD BE SPECIFIC WAYS WITHIN YOUR CONTRACT ABOUT HOW YOU REVOKE THAT WHO YOU TELL LET THE EMPLOYER THAT NO LONGER WANT TO BE A PART OF THAT.

OK, I SEE TED IT CERTAINLY IS COMPLICATED AND ALL THE MORE REASON THAT IF YOU ARE IN THAT SITUATION YOU GET SOME LEGAL ASSISTANCE.

TED HEIDI IS ON THE PHONE WITH US AND I WANT TO DIRECT SOME QUESTIONS TO HER AND I WANT TO GET BACK TO YOU, TED, IN JUST A LITTLE BIT WE'RE GOING TO TALK ABOUT HOW YOU CAN FIND A JOB IF YOU'VE LOST YEARS AND YOU CONSIDER YOURSELF OR SOMEBODY CONSIDERS YOU OLDER HEIDI.

LET'S TALK ABOUT SOME OF THE ESTATE ISSUES THAT WE SHOULD BE CONCERNED WITH.

WHAT ABOUT A HEALTH SAVINGS ACCOUNT?

WHAT IS THAT AND SHOULD WE MAKE SURE THAT WE DO GET THAT?

WELL, A HEALTH SAVINGS ACCOUNT IS AN OPTION THROUGH YOUR EMPLOYER USUALLY THAT ALLOWS YOU TO PUT PRETAX DOLLARS AWAY INTO THIS ACCOUNT TO USE TO PAY FOR HEALTH EXPENSES AND A LOT OF TIMES PEOPLE AS THEY'RE WORKING WANT TO LOAD UP THEIR HEALTH SAVINGS ACCOUNT SO THAT AS THEY RETIRE THEY'VE GOT A NEST EGG TO BE MAKING INSURANCE PAYMENTS OUT OF .

I SAY WHAT ABOUT ANOTHER ISSUE DISABILITY INSURANCE?

SHOULD WE TAKE THAT?

SHOULD WE BE OFFERED THAT AND HOW DO I GO ABOUT MAKING SURE THAT ANYTHING THAT HAPPENS TO ME MIGHT BE COVERED ?

WELL, DISABILITY INSURANCE IS A TYPE OF INSURANCE THAT IF YOU BECOME DISABLED PRIOR TO THE AGE THAT YOU'RE READY TO RETIRE THAT THE INSURANCE WILL REPLACE SOME PORTION OF YOUR INCOME.

I SEE NOW SOME EMPLOYERS OFFER DISABILITY INSURANCE TO THEIR EMPLOYEES.

NOT ALL EMPLOYERS DO.

BUT THE ONE THING TO KEEP IN MIND IS IF YOU KNOW LONGER WORK AT THAT COMPANY YOU'RE NO LONGER GOING TO HAVE THAT INSURANCE THAT YOU CAN BUY THROUGH YOUR EMPLOYER THROUGH THAT THAT DISABILITY INSURANCE THROUGH YOUR EMPLOYER.

YES.

SO IT'S PROBABLY A GOOD IDEA TO PRICE THE DISABILITY INSURANCE ON YOUR OWN THAT YOU IF YOU WOULD THEN OWN THE INSURANCE IT WOULD NOT BE TIED TO YOUR EMPLOYMENT AT ALL.

SO NO MATTER WHAT YOUR EMPLOYMENT SCENARIO LOOKS LIKE, YOU'VE GOT THE INSURANCE.

SURE.

OR THAT MAKES SENSE.

ANOTHER AGREEMENT I'M CURIOUS ABOUT BYCEL AGREEMENT, HEIDI.

CAN YOU DEFINE THAT AND WHEN WOULD WE NEED THAT?

WELL, BYCEL AGREEMENT IS MORE GEARED TOWARDS BUSINESS OWNERS NOT NECESSARILY EMPLOYEES.

OK, SO IF YOU'RE IN A SITUATION WHERE YOU ARE IN BUSINESS OWNING IT WITH SOMEONE ELSE, IT'S VERY IMPORTANT THAT YOU HAVE A PLAN IN PLACE FOR WHAT HAPPENS AT EACH RESPECTIVE OWNERS PASSING OR THEIR DEATH SO THAT IF YOU INTEND FOR YOUR DEATH TO BE BOUGHT OUT BY YOUR PARTNER YOU WANT TO SELL OUT IN THE BISO AGREEMENT HOW THE PRICE FOR THE BUYOUT IS DETERMINED HOW LONG THE PARTNER HAS TO PROVIDE THE FUNDS YOU MAY CONSIDER BUYING INSURANCE POLICIES ON EACH OTHER'S LIVES SO THAT THERE IS SUFFICIENT CASH FOR THE BUYOUT.

IT'S JUST SOMETHING THAT'S VERY IMPORTANT BECAUSE OFTEN BUSINESS OWNERSHIP IS A LARGE PORTION OF SOMEONE'S ASSETS.

SURE, AND IF YOU WANT TO MAKE SURE YOU THOROUGHLY UNDERSTAND HOW THAT ASSET IS GOING TO BE HANDLED AT YOUR DESK FOR THE SAFETY OF YOUR LOVED ONES, THAT MAKES SENSE HEIDI.

AND THANK YOU FOR THAT AND HEIDI, STAND BY.

WE HAVE SOME MORE QUESTIONS FOR YOU COMING UP.

WANT TO REMIND ALL OF YOU YOU CAN GIVE US A CALL HERE IF YOU HAVE QUESTIONS ABOUT EMPLOYMENT OR A LEGAL ISSUE NINE SIX NINE TWENTY SEVEN TWENTY AND IT'S TOLL FREE BY THE WAY, IF YOU'RE OUT OF THE IMMEDIATE AREA BY JUST DIALING 866 BEFORE THAT.

OK, TED, BACK TO YOU.

LET'S TALK ABOUT TRYING TO FIND A JOB IF YOU HAVE LOST YEARS AND AGAIN FROM WHAT YOU SAID EARLIER, IT MIGHT DEPEND ON THE INDUSTRY YOU'RE IN IF IT'S A TECH HIGH TECH SORT OF ISSUES OR I.T.

OR SOMETHING LIKE THAT, 40 MIGHT BE CONSIDERED AN OLDER EMPLOYEE AND MAYBE FOR OTHER INDUSTRIES IT COULD BE SIXTY FIVE.

BUT LET'S SAY YOU'RE GETTING READY TO GO TRY TO FIND ANOTHER JOB.

WHAT SHOULD YOU DO?

LET'S TALK ABOUT SOME SPECIFICS.

I MEAN ARE THERE LEGAL THINGS YOU NEED TO TAKE CARE OF AND HOW CAN YOU SELL YOURSELF IN AN INTERVIEW?

AND A LOT OF THESE ARE COMMON SENSE AND THEY APPLY TO INDIVIDUALS LOOKING FOR A JOB AT ANY AGE.

THE FIRST THING YOU NEED TO DO IS START YOUR JOB SEARCH RIGHT AWAY STATISTICS YOU SAY THAT INDIVIDUALS OVER THE AGE OF FORTY FIVE ARE UNEMPLOYED FOR A LONGER PERIOD OF TIME THAN THOSE INDIVIDUALS WHO ARE YOUNGER THAN FORTY FIVE.

SO START YOUR JOB SEARCH RIGHT AWAY AS ALWAYS USE YOUR NETWORK .

YOU WOULD BE SURPRISED AT HOW MANY PEOPLE ARE GOING TO BE HELPFUL TO YOU AS YOU'RE LOOKING FOR A JOB.

PEOPLE ARE GENERALLY NOT GOING TO CONSIDER THAT YOU ARE LOOKING FOR A POSITION UNTIL YOU ASK.

SO MAKE SURE YOU'RE USING THAT NETWORK TO GO OUT AND COMMUNICATE WHEN YOU HAVE AN OPPORTUNITY TO TALK TO SOMEONE IF THE MANAGER OR THE PERSON IS YOUNGER THAN YOU TAKE THAT TIME TO REASSURE THAT YOUNGER PERSON THAT YOU'RE CAPABLE OF PERFORMING THE JOB WITH ANY EMPLOYMENT SITUATION, THERE'S NO REASON TO MENTION YOUR AGE.

THERE'S NO REASON FOR THE INTERVIEW TO TALK TO YOU ABOUT YOUR AGE WHEN YOU'RE ASSERTING AND GIVING A RESUME SHORTLY.

THERE ARE SOME IMPORTANT DETAILS THAT YOU CAN PROVIDE USE ACTION TERMS TO DESCRIBE WHAT IT IS THAT YOU'VE DONE.

IF YOU NEED TO EXPLAIN EXPLAIN WHY YOU'RE NOT OVERQUALIFIED FOR THE POSITION AS AN OLDER WORKER YOU MAY HAVE MORE EXPERIENCE AND MORE PRACTICAL KNOWLEDGE THAT SOMEBODY YOUNGER WOULDN'T HAVE.

SO YOU MAY NEED TO EXPLAIN WHY YOU'RE NOT OVERQUALIFIED FOR THE POSITION AND WHY YOU WOULD REALLY LIKE TO PARTICIPATE.

ONE OF THE IMPORTANT THINGS AND SANDY WE WERE TALKING ABOUT THIS BEFORE THE SHOW TECHNOLOGY IS SUCH AN IMPORTANT ISSUE IN OUR LIVES.

SURE YOU NEED TO BE ABLE TO DEMONSTRATE THAT YOU ARE FLUENT AND CAPABLE OF USING TECHNOLOGY.

SOMETIMES TECHNOLOGY DOESN'T ALWAYS COOPERATE WITH US BUT YOU HAVE TO BE SURE THAT YOU UNDERSTAND WHAT THE TERMS ARE AND WHAT THE TERMINOLOGY IS AND HOW TO USE IT.

WE HAVE ZUNE MEETINGS NOW.

WE HAVE ONLINE SYSTEMS.

WE HAVE SOCIAL MEDIA AND IF YOU'RE OUT LOOKING FOR A JOB YOU NEED TO BE FAMILIAR BECAUSE A LOT OF EMPLOYERS ARE USING SOCIAL MEDIA MORE AND MORE TO INTERVIEW TO REVIEW RESUMES AND TO TAKE ACTION.

SO YOU NEED TO BE ABLE TO SHOW THAT YOU'RE FLUENT AND CAPABLE OF USING TECHNOLOGY.

I WANT TO TALK ABOUT THE RESUME A LITTLE BIT MORE.

TED, YOU SAID TO SHORTEN YOUR RESUME.

DO YOU MEAN THAT YOU DON'T START WAY BACK WHEN YOU GRADUATED FROM HIGH SCHOOL OR GRADUATED FROM COLLEGE BUT MAYBE JUST THE LAST FEW JOBS AND I HAVE HEARD THAT AND EMPLOYER CAN'T LEGALLY ASK SOMEBODY THEIR AGE IS THAT TRUE ?

THE EMPLOYER CERTAINLY COULD.

BUT IF THEY ASK YOU YOUR AGE, THAT'S CERTAINLY A SIGN THAT THEY MAY BE CONSIDERING AGE AS A REASON NOT TO HIRE YOU.

SO WE'RE GOOD EMPLOYER WHO'S TRAINED AND UNDERSTANDS THE RISK MANAGEMENT OF HIRING PEOPLE AND GOING THROUGH THE INTERVIEW PROCESS SHOULD NOT BE ASKING YOU YOUR NAME EXCUSE ME YOUR AGE OBVIOUSLY DON'T WANT TO KNOW YOUR NAMES SO THEY CAN PUT THE RIGHT PERSON WITH RIGHT RESUME BUT YOUR AGE SHOULD NOT BE A QUESTION FOR AN INTERVIEW PROCESS.

SO YES, WHEN YOU'RE LOOKING AT YOUR RESUME YOU DON'T NEED TO PUT DOWN THAT JOB THAT YOU HAD TWO YEARS OUT OF HIGH SCHOOL WORKING AT MCDONALD'S.

YOU DON'T NEED TO PUT ALL OF THE POSITIONS YOU'VE HAD WHAT YOU WANT TO DO AND A LOT OF PEOPLE WILL SAY LIMIT YOUR RESUME AND EXPERIENCE IN REGARD TO JOBS AND EMPLOYMENT TO 15 YEARS IF YOU'RE WORKING IN MANAGEMENT FOR 10 YEARS IF IT'S A TECHNICAL JOB AND FOR FIVE YEARS IN A HIGH TECH JOB.

SO IF YOU ARE ONE OF THOSE PEOPLE WHO IS FLUENT IN TECHNOLOGY, YOU'RE OUT THERE, YOU'RE WRITING CODE OR YOU'RE WORKING WITH COMPUTERS, THE JOB MARKET AND THE TECHNOLOGY CHANGES SO QUICKLY SO SOMETHING THAT HAPPENED 10 YEARS AGO IS PROBABLY OUT OF DATE.

IT PROBABLY DOESN'T HELP YOU FIND A JOB CURRENTLY.

SO YOU WANT TO LIMIT THAT TO THE RELEVANT JOB EXPERIENCE.

THE SAME THING IS TRUE WITH TECHNICAL JOBS TECHNOLOGY CHANGES.

THE PROCESS HAS CHANGED.

SO YOU LIMIT IT TO A RELATIVE TIME PERIOD AND MOST EMPLOYERS DON'T WANT TO REVIEW A FIVE PAGE RESUME WHEN THEY'RE LOOKING AT IF THEY WANT TO LOOK AT SOMETHING THAT'S CONCISE AND TO THE POINT.

SO AGAIN, LIMIT YOUR EXPERIENCE TO A RELEVANT PERIOD OF TIME SHOWING WHAT JOB EXPERIENCE YOU HAVE AS OPPOSED TO THE SPECIFIC JOB THAT YOU SERVED.

YOU CAN PROVIDE INFORMATION AGAIN USING THOSE ACTION TERMS.

SUPERVISOR MANAGED TALK ABOUT HOW MANY PEOPLE YOU MANAGE, TALK ABOUT WHAT YOU'VE DONE.

YOU WANT TO HAVE A FUNCTIONAL RESUME RATHER THAN A CHRONOLOGICAL RESUME.

OK, THAT MAKES SENSE.

THAT'S GOOD ADVICE.

HEIDI, I WANT TO GO BACK TO YOU A LITTLE BIT AND WE'VE BEEN TALKING ABOUT BENEFITS AS WELL.

LET'S TALK ABOUT 401.

KS CAN YOU NAME YOUR SPOUSE THE BENEFICIARY FOR YOUR 401K AND IF YOU WANT TO CHANGE IT, HOW DO YOU GO ABOUT THAT?

SO THERE'S A STRANGE LITTLE THAT LITTLE THERE'S KIND OF A STRANGE RULE WITH YOUR 401K AS OPPOSED TO AN IRA THAT A LOT OF PEOPLE I DON'T THINK REALIZE IF YOU ARE MARRIED YOU HAVE TO NAME YOUR SPOUSE AS THE PRIMARY BENEFICIARY OF YOUR 401K.

OH HAAFTEN OK YOU'RE REQUIRED TO OK THEY WAIVE THEIR RIGHT TO BE NAMED A BENEFICIARY AND ON THE 401K FORM IF YOU WANT TO NAME SOMEBODY OTHER THAN YOUR SPOUSE THERE WILL BE A BOX FOR THE SPOUSE TO ACTUALLY SIGN OFF ON WAIVING THEIR RIGHT TO BE NAMED AS THE PRIMARY BENEFICIARY.

NOW WHAT I'VE ALWAYS JUST FOUND KIND OF STRANGE ABOUT THE RULE IS THAT A 401K IS THE PLAN THAT YOU NORMALLY HAVE WHILE YOU'RE EMPLOYED AND THEN AFTER YOU LEAVE THE EMPLOYMENT YOU TAKE YOUR 401K DOLLARS AND YOU ROLL THEM INTO AN IRA THROUGH YOU KNOW, ANOTHER INVESTMENT PERSON .

THE SAME RULE DOES NOT EXIST ON AN IRA.

YOU CAN NAME ANYBODY THAT YOU WANT AS THE BENEFICIARY OF YOUR IRA.

IT'S JUST SPECIFICALLY TIED TO THAT 401.

K SO THAT'S SOMETHING TO BE AWARE OF .

OK, SO THEN I WANT TO MAKE SURE I UNDERSTAND THAT SO YOU HAVE A 401K AND YOU'VE LEFT YOUR JOB WHETHER IT'S BY CHOICE OR TERMINATED AND YOU ROLL THAT 401K INTO AN IRA IT'S AT THAT TIME YOU CAN CHANGE BENEFICIARY RULES IS THAT CORRECT?

CORRECT.

OR IF YOUR SPOUSE WAITS SIGNED THE WAIVER.

OK, WELL ONE DAY I SEE SOMEBODY ELSE OK WELL WE STILL HAVE ABOUT THREE MINUTES LEFT HERE AND I WANT TO GO BACK TO YOU AND TALK ABOUT OLDER PEOPLE FINDING A JOB.

ARE YOU EVER TOO OLD TO SEEK NEW EMPLOYMENT YOU'RE TO LOOK YEAH.

YOU'RE NEVER TOO OLD TO LOOK FOR A NEW JOB.

I THINK MORE EMPLOYERS MORE BUSINESSES RECOGNIZE THE BENEFITS OF HAVING OLDER EMPLOYEES WORK FOR THEM NOW WHETHER IT'S A CONSISTENT WORK ETHIC, WHETHER IT'S JUST JOB EXPERIENCE, WHETHER IT'S JUST UNDERSTANDING HOW THE BUSINESS WORLD WORKS MORE AND MORE EMPLOYERS ARE RECOGNIZING THE BENEFITS OF HAVING OLDER WORKERS WITHIN THEIR WORKFORCE.

OLDER WORKERS, THEY HAVE BEEN THROUGH A LOT AND THEY HAVE SOME PRACTICAL EXPERIENCE AND AS A RESULT THEY MAY BE MORE CHEERFUL AND FLEXIBLE AND BACK THAT UP WITH PROOF OF SKILLS AND SUCCESS THAT'S ALWAYS GOING TO BE BENEFICIAL TO AN EMPLOYER.

ONE THING YOU ALWAYS WANT TO REVIEW THE BENEFITS OF OLDER WORKERS COMMITMENT TO CAREERS, HANDS ON EXPERIENCE AND A TRACK RECORD OF SUCCESS.

WHEN YOU'RE INTERVIEWING THEM WHAT YOU CAN DO IS USE STORYTELLING TECHNIQUES TO BACK UP YOUR CLAIMS THAT YOU HAVE THOSE SKILLS.

EMPLOYERS ARE ALWAYS GOING TO ACCEPT PEOPLE WHO HAVE BEEN SUCCESSFUL.

EMPLOYERS ARE ALWAYS GOING TO ACCEPT PEOPLE WHO APPEAR TO BUY IN TO THE TEAM ETHIC THAT THE EMPLOYER IS TRYING TO BUILD AND DEVELOP EMPLOYERS LIKE PEOPLE WHO SHOW UP FOR WORK, EMPLOYERS LIKE PEOPLE WHO LIKE TO WORK HARD AND EMPLOYERS LIKE PEOPLE WHO ARE DEVOTED TO THE JOB AND IF YOU SHOW THOSE QUALITIES, THE EMPLOYERS KIND OF MOST OF THE TIME SHOW THOSE SAME TYPES OF LOYALTY BACK TO YOU AS AN EMPLOYEE.

SO IF YOU EXUDE SOME ENERGY AND ENTHUSIASM AND YOUR VERBAL AND NONVERBAL COMMUNICATION DURING YOUR INTERVIEW, THAT'S ALWAYS GOING TO BE A POSITIVE FOR YOU AND IT CAN HELP OVERCOME ANY INHERENT BIAS THAT MAY EXIST THAT WELL MAYBE WE DON'T WANT AN OLDER WORKER BUT EMPLOYERS ARE CERTAINLY COGNIZANT.

BUSINESSES ARE COGNIZANT OF THE BENEFITS OF HAVING OLDER PEOPLE IN THE WORKPLACE TO HELP THEM SUCCEED.

SURE, THAT MAKES A LOT OF SENSE AND IN AS YOU MENTIONED, THOSE ARE THE SORT OF THINGS THAT MAYBE YOU CAN GET THROUGH TO THE EMPLOYER DURING YOUR INTERVIEW OR PERHAPS EVEN ON YOUR RESUME HEIDI.

WE'RE DOWN TO ABOUT ONE MINUTE.

SO I WANT TO GET BACK TO YOU WITH ONE MORE QUESTION.

LET'S SAY WE'VE BEEN TALKING ABOUT DISABILITY INSURANCE AND THAT SORT OF THING.

IF IF I BECAME DISABLED, CAN MY SPOUSE GO TO TALK TO MY EMPLOYER ABOUT MY BENEFITS OR HOW DOES THAT WORK TECHNICALLY THE VA TO BE ABLE TO HAVE ABSOLUTELY OPEN AND FREE COMMUNICATION WITH THE EMPLOYER?

SURE.

A SPOUSE SHOULD BE IN THE POSITION AS THE POWER OF ATTORNEY.

OK, SO YOU SHOULD NAME THEM PLANNING.

ALL RIGHT.

SO YOU SHOULD HAVE THAT DOCUMENTED LEGALLY THAT THERE ARE THE POWER OF ATTORNEY SO THEY COULD SPEAK TO YOUR EMPLOYER THEN?

YES.

ALL RIGHT.

THAT MAKES GOOD SENSE.

HEIDI, THANK YOU SO MUCH AND I REALLY APPRECIATE YOU BEING WITH US HERE TONIGHT ON LIFE AHEAD.

TED SAW YOU DID A FABULOUS JOB .

I HOPE YOU COME AND JOIN US AGAIN ON LIFE AHEAD HERE AT PBS.

IT'S BEEN MY HONOR TO BE WITH YOU ALL THIS EVENING FOR THE REST OF YOU.

DON'T FORGET TO WATCH NEXT WEEK WE HAVE NEW TOPICS NEW GAS, ALWAYS SOMETHING NEW COMING UP HERE ON LIFE AHEAD.

THAT'S WEDNESDAY NIGHT AT SEVEN THIRTY.

IS IT EMERGENCY OR URGENT CARE RIGHT FOR YOU?

YOU CAN FIND OUT WEDNESDAY AT SEVEN THIRTY.

WE'LL SEE YOU THEN.