Legal Opinion

John H. Lewis v. Federal Prison Industries, Inc., a Corporation Chartered Under the Laws of the United States

Court of Appeals for the Eleventh Circuit

Decided February 18, 1992No. 88-3570, 88-3774PublishedCited by 61 opinions

1Opinion of the Court

HILL, Senior Circuit Judge:

Appellant, a former employee of appel-lee, Federal Prison Industries, challenges the district court’s conclusion that, although appellant established his case of constructive discharge in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 633a, appellee’s offer of reinstatement six weeks after his discharge “cut off” his right to recover lost wages and benefits. Although normally such an offer would indeed terminate rights to recover lost income or benefits, we agree with appellant that, in this case, the circumstances of his discharge nullify the…

2Cases cited15 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  3. Lehman v. NakshianSupreme Court of the United States · 1981
  4. Ford Motor Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1982
  5. Jaime Blum, Brij Kapur and James C. Spitsbergen, in 86-5349 v. Witco Chemical Corporation, in 86-5310Court of Appeals for the Third Circuit · 1987

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3Cited by61 opinions

  1. Transcontinental Gas Pipe Line Company, LLC v. Gail Brandon CochranCourt of Appeals for the Eleventh Circuit · 2018
  2. United States Equal Employment Opportunity Commission v. W&O, Inc.Court of Appeals for the Eleventh Circuit · 2000
  3. Barbara S. Waldrop v. Southern Company Services, Inc.Court of Appeals for the Eleventh Circuit · 1994
  4. 76 Fair empl.prac.cas. (Bna) 1745, 72 Empl. Prac. Dec. P 45,113, 47 Fed. R. Evid. Serv. 1389, 11 Fla. L. Weekly Fed. C 659 Michael J. Eskra, Plaintiff-Counter-Defendant, Appellee/cross-Appellant v. Provident Life and Accident Insurance Company, Defendant-Counter-Claimant, Appellant/cross-Appellee. Michael J. Eskra, Plaintiff-Counter-Defendant-Appellee v. Provident Life and Accident Insurance Company, Defendant-Counterclaimant-AppellantCourt of Appeals for the Eleventh Circuit · 1998
  5. U.S. EEOC v. W & O, Inc.Court of Appeals for the Eleventh Circuit · 2000

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