BILLY R. WILLIAMS, Plaintiff, v. DISCO HI-TEC AMERICA, INC., Defendant., 2005 U.S. Dist. LEXIS 20322

Summary

The employer alleged that it terminated the employee for legitimate, non-discriminatory reasons when the employee did not reach sales goals and did not address day-to-day management issues. On the day that the employee was informed that he was going to be terminated, the employer presented him with an agreement that waived some of the employee's rights. The employer sought summary judgment on the grounds that the agreement precluded the employee from bringing an ADEA and Title VII claim. The court held that under the Older Workers Benefits Protection Act of 1990 (OWBPA), which amended the ADEA, the resignation agreement could not be construed as a waiver of the employee's potential claim under the ADEA because the agreement did not affirmatively advise the employee to consult with an attorney before signing it. The language in the agreement that stated that "the employee understands that he should consult with an attorney prior to signing this agreement" was insufficient to satisfy the...