Forced Resignation Voids Case
When Nestor M. Torrech-Hernandez's boss at General Electric Co. told the 50-year-old plant manager that he was in danger of being fired for poor performance, the boss also gave Torrech-Hernandez the option to resign.
Torrech-Hernandez did so and then sued for age discrimination, claiming GE forced him out and replaced him with a man in his early 30s.
The court also found that the times her supervisor harassed her resulted from situations in which she had been insubordinate, rude, loud and insulting toward Perry, which led him to get angry and yell at her.
Employer Wins ADA Claim
In March, the 8th Circuit affirmed a lower court's ruling against an employee who filed an ADA claim based on being fired after she was denied medical leave due to diabetes.
Jeanette Brannon previously had taken two leaves, after which she missed 40 out of 77 work days. She requested a third leave as a "reasonable accommodation" under the ADA, but her employer, a supplier of roofing industry products, denied the request and terminated her for excessive absences.