No Constructive Discharge Occurred In Violation Of ADEA
Néstor M. Torrech-Hernández, a 50-year-old former plant manager for General Electric Company, brought suit alleging that he was terminated or subject to constructive discharge based on his age, in violation of the Age Discrimination in Employment Act (ADEA). The district court granted summary judgment in favor of General Electric.
On appeal, the 1st Circuit affirmed, holding that:
(1) No constructive discharge occurred when a GE executive twice remarked to Torrech that he lacked the same “energy” he once had had, used the term “dinosaur” to describe operations at Torrech's plant, and commented to Torrech concerning one older employee's slow movements, later indicating a desire to make changes. The circuit found that those comments did not create conditions so difficult or unpleasant for Torrech that he reasonably could feel compelled to resign, and could not form a basis for an objective belief that his termination was imminent;
(2) No constructive discharge occurred when GE removed Torrech from the payroll, following a sequence of events in which Torrech proposed to resign and negotiated for a severance package, tentatively indicated agreement with a proposed package, unilaterally announced his resignation to his employees, continued to negotiate a severance package, and finally made an unsuccessful demand for much a higher payout on threat of legal action; Torrech’s actions amounted to “bait and switch,” and GE did not prompt or coerce his resignation; and
(3) GE’s proffered reason for removing Torrech from the payroll--that Torrech himself had initiated the proposal to resign and take a severance package and had tentatively agreed to a proposed package before abruptly demanding a higher payout--was not a pretext for age discrimination.
Torrech-Hernandez v. GE
The 1st Circuit Court of Appeals’ jurisdiction includes Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.