Boney v. Trs. of Cape Fear Cmty. Coll.

Facts

1. 2 Age forty or older satisfied pleaded

   As for Cape Fear's amended motion to dismiss Boney's ADEA claim, Boney was 62 years old when she resigned.

2. 2 Age forty or older satisfied pleaded

   Thus, she was a member of a protected group under the ADEA.

3. 3 Hiring discharge or employment terms not pleaded

   Lakhavani stated that he would "make [himself] available to clarify any assignments or projects" because he desired to "help [Boney] succeed in [her] job."

4. 3 Hiring discharge or employment terms not pleaded

   However, the warning also stated that, if Boney continued to perform below expectations, further action-including possible termination-would be taken.

5. 3 Hiring discharge or employment terms not pleaded

   Because of Boney's deteriorating relationship with Lakhavani, Boney feared that Lakhavani would soon fire her.

6. 3 Hiring discharge or employment terms not pleaded

   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.

7. 3 Hiring discharge or employment terms not pleaded

   Because Boney has not plausibly alleged constructive discharge, her voluntary resignation is not an adverse employment action under the ADEA.

8. 3 Hiring discharge or employment terms not pleaded

   Notably, despite additional oversight and training, Boney retained the same responsibilities, pay, and benefits.