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I have an employee that has been with me for over 25 years. I currently own a cafeteria / catering business, my employee has really slowed down and is unable to perform some of the duties that she used to do, I had to ask some of my other staff to do some of her duties as a result of this my other employees have to work later to make up for the work that they need to complete. I would like to reduce her hours in order to afford to have someone else do her duties that she is unable to perform. How can I do this legally.
Given the employee's length of service, it is very important that you proceed carefully here. Unilaterally changing the terms and conditions of someone's employment (like hours) could constitute a constructive dismissal, and you could then be on the hook to pay considerable severance. If her performance is suffering - for reasons unrelated to an enumerated ground such as age or disability - you may be able to legally reduce her hours for legitimate performance-based reasons. However, given how fact-specific this is, I would strongly recommend that you speak to an employment lawyer at the number below before taking any action.