Source: cases/29usc623/f-supp-3d-366-756-boney-v-trs-of-cape-fear.case
Case source: https://www.neochart.com/catalog/cases/f-supp-3d/volume_366/0756_01/index.html
Thus, she was a member of a protected group under the ADEA.
To state a constructive discharge claim, a plaintiff must plausibly allege that (1) an employer acted deliberately to induce resignation and (2) the employee's working conditions were so intolerable that a reasonable person would have resigned.
Because Boney has not plausibly alleged constructive discharge, her voluntary resignation is not an adverse employment action under the ADEA.
casedsl 1.2 # author: Flash2 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f-supp-3d/366/0756-01 name Boney v. Trs. of Cape Fear Cmty. Coll. cite 366 F. Supp. 3d 756 (2019) court United States District Court for the Eastern District of North Carolina date 2019-03-05 url catalog/cases/f-supp-3d/volume_366/0756_01/index.html source ir/caselaw/f_supp_3d_366.jsonl sha1=eded17dc0e25f40fd16af739e128b5ee305fac03 chars=24158 opinion order : order by Dever @0..24158 controlling law 29usc623 role applied posture civil; ADEA constructive discharge; motion to dismiss granted by EDNC result claimant-lost element protected-age : satisfied [pleaded] route _whole pattern worker-over-forty fact @13075..13181 [supports] | As for Cape Fear's amended motion to dismiss Boney's ADEA claim, Boney was 62 years old when she resigned. held @13216..13275 | Thus, she was a member of a protected group under the ADEA. element employment-action : not-satisfied [pleaded] route discharge pattern resignation-after-performance-warning-and-closer-supervision-pleaded-as-constructive-discharge fact @4370..4520 [supports] | However, the warning also stated that, if Boney continued to perform below expectations, further action-including possible termination-would be taken. fact @5578..5688 [supports] | Because of Boney's deteriorating relationship with Lakhavani, Boney feared that Lakhavani would soon fire her. fact @4210..4365 [cuts-against] | Lakhavani stated that he would "make [himself] available to clarify any assignments or projects" because he desired to "help [Boney] succeed in [her] job." fact @17122..17234 [cuts-against] | Notably, despite additional oversight and training, Boney retained the same responsibilities, pay, and benefits. rule @13387..13631 | To state a constructive discharge claim, a plaintiff must plausibly allege that (1) an employer acted deliberately to induce resignation and (2) the employee's working conditions were so intolerable that a reasonable person would have resigned. held @15657..15798 | Because Boney has not plausibly alleged constructive discharge, her voluntary resignation is not an adverse employment action under the ADEA. gloss The court also held that the written reprimand, weekly meetings and e-mail etiquette course were not themselves adverse employment actions, and alternatively that but-for age causation was not plausibly alleged; neither has its own block.