Dolores Oubre Case Summary

Dolores Oubre, a 40 and plus years employer who worked for several years for Entergy Operations, Inc. as a scheduler at a power plant in Killona, Louisiana. One morning at work, in 1994, she received a poor performance rating; therefore a year later, she was given two options to consider by her supervisor. The two options stated; first, to either improve her performance during the coming year; second, accept a voluntary arrangement for her severance,” Stated David Twomey (2013, pg. 548). Oubre chose option 2, and she agrees to receive six installment payments, which occurred over the next four months in 1995. The main issue in the case is that Entergy Operations, Inc. and Oubre violated the Age Discrimination in Employment Act, as set forth in the Older Workers Benefits Protection Act. Stated Twomey (2013, pg. 548), Which sent the case to court.

II. Key Factors

According to Twomey (2013):

• Oubre was given 14 days to review the packet of information about the severance agreement.

• Oubre had poor performance appraisals and reviews. She couldn’t perform well anymore.

• Oubre contacted her lawyers within the 14 days given to her.

• Entergy Operations, Inc. did not give Oubre enough time to consider

According to Justice Kennedy J. from Case 14.8 in the book ‘’ Labor and Employment” written by David P. Twomey (2013), “ it did not give Oubre enough time to consider her options, it did not give her seven days to change her mind, and it did not make specific reference to the ADEA claims” (p.548). Both parties are wrong; According to Justice Kennedy J. from Case 14.8 in the book “Labor and Employment” written by David P. Twomey (2013), “ In this case, both sides concede the release the employee signed did not comply with the requirements of the OWBPA” (p. 549). Oubre failed to return the money and Entergy did not meet the requirement of the