Entergy Operations Inc vs Dolores Oubre


Added on  2019-09-16

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O UBRE V . E NTERGY O PERATIONS , I NC . S UPREME C OURT OF THE U NITED S TATES , 522 U.S. 422 (1998).[Dolores Oubre worked as a scheduler at a power plant in Killona, Louisiana, run by her employer, Entergy Operations, Inc. In 1994, she received a poor performance rating. Oubre ’ s supervisormet with her on January 17, 1995, and gave her the option of either improving her performance during the coming year or accepting a voluntary arrangement for her severance. She received a packet of information about the severance agreement and had 14 days to consider her options, during which she consulted with attorneys. On January 31, Oubre decided to accept. She signed a release in which she “ agreed] to waive, settle, release and discharge any and all claims, demands, damages, actions, or causes of action ... . that I may have against Entergy. ” In exchange, she received six installment payments over the next four months, totaling $6,258. In procuring the release, Entergy failed to comply in at least threerespects with the requirements for a release under the Age Discrimination in Employment Act, as set forth in the Older Workers Benefit Protection Act. It did not (1) give Oubre enough time to consider her options, (2) give her seven days to change her mind, or (3) make specific reference to ADEA claims. Afterreceiving her last severance payment, Oubre sued Entergy, alleging constructive discharge on the basis of her age in violation of the ADEA and state law. Entergy moved for summary judgment, claiming that Oubre had ratified the defective release by failing to return or offer to return the monies she
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