With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for employees over a certain age as long as these programs are truly voluntary.

We certainly recommend this, and, depending on the circumstances and the state you operate in, it may also be required by law. Stress, anxiety, and other mental health issues can be as disruptive to someone’s work (and life) as a cold or flu. While mental illnesses aren’t contagious, taking time to rest and restore one’s mental health is still important. It can prevent more serious issues in the future and help employees be more productive overall. Allowing—and better yet, encouraging—employees to take mental health days when needed supports their well-being, demonstrates that you care, and builds trust and loyalty. It also reduces the stigma around mental illness.

At-will employment means that the employer or the employee can end the employment relationship at any time, with or without notice, and with or without cause. It does not, however, allow an employer to terminate someone for an illegal reason, like their inclusion in a protected class or their exercise of a legal right.

Every state (except Montana) assumes the employment relationship is at-will unless there is a legal agreement in place that says otherwise. Assuming you want to maintain the at-will relationship with employees, we recommend including clear language about this in your employee handbook.