ADEA Claim: A Case Study

Improved Essays
equivalent to a valid release of ADEA claims? As stated in the case study overview, obtaining the release, Entergy failed to in at least three respects with the requirements under the Age Discrimination in Employment Act (ADEA), as set forth in the Older Workers Benefit Protection Act (OWBPA). The release cannot uphold the ADEA claim because it does not correspond to the statute and the employee’s retention of payment to ratify equal to a valid release of her ADEA claims, since the retention did not align with the OWBPA in comparison to the original release. The statute directly affects the release on ADEA claims, and the employer cannot resort to the employee’s failure as a way of excusing its own failure

Related Documents

  • Improved Essays

    Due to the facts found by Mr. Robinson and the hearing outcome, he ordered that Mr. Sterne be restore to his original position and rank, and be compensated for any back pay and benefits that he had lost since his demotion. Additionally, Robinson found that there was irregularities with how the discipline was handed out and there was no due process and progressive discipline before demotion and loss of pay, thus Sterne was discriminated against an was due his return to his past position with back pay. This case again shows, specific issues with retaliation being taken against subordinates without due process and could actual fall into a Title VII Civil Rights Act case, but the District of Columbia has a Civil Process for adjudicating employee…

    • 1242 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Jon M. Espinoza's Case

    • 408 Words
    • 2 Pages

    Ms. Espinoza stated that throughout the claimant’s probationary period from 8-3-2015 through his LDW on 11-25-2015, the claimant never reported any injuries or illnesses either to her or to Supervisor Mr. Gerardo Navarrete. Ms. Espinoza checked her personnel records and the claimant’s personnel file and did not find any injuries leading up to the claimant’s current claim of injuries that allegedly occurred on 11-20-2015. Ms. Espinoza stated that after the claimant’s termination on 11-25-2015, when the claimant was terminated for cause, approximately two weeks after she was served with legal documentation via the mail from the claimant’s attorney at the Law Offices of Jon M. Woods. The service was conducted on 12-14-2015. The claimant and…

    • 408 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    A corporate officer may withdraw from the protection of the Act by providing written notice, however, in this case, there is no signed insurance application, as well as there is no signed notice of the Petitioner withdrawing from the protection of the Act or the workers’ compensation insurance he…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Claimant's Case Summary

    • 231 Words
    • 1 Pages

    According to Witnesses, Office Manager, Elizabeth Duarte and Payroll Clerk, Liz Sanchez the Claimant was identified as General Labor Worker, where she was assigned to work at Sundate LLC, (Date Farm), when she first started working there on 3/16/16 up until her last day of work on 5/2/2016. On DOL: 4/20/2016, both Duarte and Sanchez were notified by the Claimant’s Supervisor/Witness Guadalupe Zazueta of the claimant's alleged injuries after the claimant slipped and fell on a single pair of stairs that led out from the Warehouse during her lunch break. Ms. Zazueta said the claimant complained of pain to her bilateral wrists, elbows and her left knee and ankle.…

    • 231 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Ssa 300 Week 4

    • 697 Words
    • 3 Pages

    There are several claim communications in the file regarding attempts to resolve the resolve the issue. However, the FO was unsuccessful in contacting the claimant’s representative regarding the issue. It is unclear whether the claimant is currently engaging in SGA or when this activity ceased. DI 25501.390.A.1 indicates that we will not set the EOD during a period when the claimant engaged in SGA. Therefore, additional development is…

    • 697 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Allen Lopez Case Summary

    • 828 Words
    • 4 Pages

    In the case of petitioner ExtremeNet versus respondent Allen Lopez, this case occurred in the State of Georgia in which At Will Employment Law applies. Respondent is making a counter claim. The respondent had worked for the petitioner for seven years in a middle-management position. The respondent found the position rewarding and was well paid. The petitioner struggled to manage the effects of an economic downward spiral; therefore, some employees were laid off and new personnel policies were implemented.…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    There are several aspects that the court will analyze in this case: the nature of the employment, the number of years the employee has worked in the company, the age of the employee, and the availability of alternative employment (Keays V. Honda). Also it should be noted that there is no reasonable notice period when an employee is being dismissed with cause. If Ethan can easily find another similar job, then the court will follow ESA notice requirements. 5.…

    • 1028 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    1. What was the legal issue in this case? What did the court decide? This case is based on Mr. Cortez, who worked for Sam's Club from 1986 to 2003. Mr. Cortez sued Sam's Club for discrimination in violation of the Age Discrimination in Employment Act, alleging that the company failed to promote him to general manager as he requested for several years.…

    • 467 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Identification: Legal Services Corporation v. Velazquez 531 U.S. 533 (2001) Facts: Carmen Velazquez, a 56-year-old grandmother, claimed her public assistance benefits were wrongfully terminated. Her benefits were terminated for failure to participate in a job search program without a pre-termination hearing. Without the pre-termination hearing, she was not allowed to present her physical impairment as cause for her inability to work.…

    • 636 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    New Mexico Case Study

    • 5213 Words
    • 21 Pages

    In such cases, courts have applied a “totality of circumstances” or “last straw” test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc., 89 N.M. 575, 555 P.2d 696 (1976). Rodman recognizes the “last straw” doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the “last straw” which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final…

    • 5213 Words
    • 21 Pages
    Great Essays
  • Decent Essays

    It is the Plaintiffs' constitutional arguments that under the Workers’ Compensation Act, all personal injuries proven to have been caused by an occupational disease that arises out of and in the course of their employment with the Defendant. This included both the initial effects caused by the work environment and any consequent effects triggered after of the same. To read the compensation act of this jurisdiction in such a way as to require employers not only to provide workers' compensation benefits but also to defend and respond in…

    • 528 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    The American Disability Act law secures individuals with disabilities against discrimination. The court finding regarding the Statue of limitations is two years instead of one along with the Oregon legislature. Furthermore, not an employment operation. The covert defendant’s motion to ADA and Rehabilitation and a right to state a claim is denied for Lowry but T.L. states an IIED claim. The reasoning regarding the Lowry to state a claim did not demonstrate an adequate flagrant execution.…

    • 1470 Words
    • 6 Pages
    Great Essays
  • Decent Essays

    Arguments Against OWBA

    • 94 Words
    • 1 Pages

    Older Workers Benefit Protection Act (OWBPA) was passed in 1990 by Congress. The OWBOA amended the Age Discrimination in Employment Act to provide additional protection to older workers. The act protects the benefits of older adults such as life and health insurance, disability benefits, retirement benefits and their pensions. However, things may get a little complicated because employers are allowed to adjust benefits to older adults when justified by a significant cost consideration. The OWBPA, which is part of the Age Discrimination in Employment Act, applies to workers who are 40 years and over.…

    • 94 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    The Equal Pay Act of 1963 is defined as “a labor law that prohibits gender-based wage discrimination in the United States.” (HISTORY, DATE) The purpose of this law is to provide equal pay to both men and women that perform the same jobs instead of having women feel like they are of lesser equal to men especially when they are performing the same job. Title VII of the Civil Rights Act of 1964 is defined as a “federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.”…

    • 1086 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    Name Muhammad Shahzad (73537) Who are Agero constituents? Broadly speaking Agero has four different types of constituents which are mentioned below • Drivers • Service provider • OEM • Insurance Companies…

    • 1277 Words
    • 6 Pages
    Great Essays