CALVIN RHODES, Plaintiff-Appellee, versus GUIBERSON OIL TOOLS, a/k/a F.I.E., a/k/a/ Div. Dresser Ind. Inc., Defendant-Appellant., 82 F.3d 615

Summary

Defendant employer and plaintiff employee both appealed the district court's calculation of damages in plaintiff employee's action under the Age Discrimination in Employment Act, 29 U.S.C.S. §§ 621-634. The court vacated the award of damages because severance pay should have been deducted from the back pay award and the present value of plaintiff's pension benefits should have been offset by the pension's value at the time of plaintiff's termination. The court also held that the finding that plaintiff used reasonable efforts to obtain other employment following his termination by defendant was not clearly erroneous. The court also affirmed the denial of damages resulting from plaintiff's loss of fringe benefits, vacation time, and car because plaintiff offered no competent evidence as to the value of his loss.