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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111489
Experience:  20+ Years of Employment Law Experience
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AA offered an Early out as they stated they were mandating

Customer Question

AA offered an Early out as they stated they were mandating the Flight attendant had to maintain a certain number of hours per year to keep there job. Several senior flight attendants took the early out only for the reason that they may not make the hour threshold. The company has never implemented the rule and several of us want are job back. They stated you could not rescind once you put in the paperwork but I have heard they allowed at least 3 people to have their jobs back. Do I have a case for a suit?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, once someone signs a contractual agreement, they are bound to the decisions that they make and agree upon in the agreement. As far as them allowing rescission, that is up to agreement between the parties, but there is no legal suit unless you can prove that AA intentionally misrepresented their plans in order to induce older employees to retire, which would be then age discrimination and also misrepresentation sufficient to void your agreement to the early out.
However, if they can prove that they did indeed plan on implementing such a hour minimum at the time they offered the early out, then that would defeat your claim.
So it is possible to sue if you can prove they intentionally misrepresented the reason behind the early out to fraudulently induce you to sign the agreement, because that fraud would void your agreement. It depends on the proof you can put together, but yes you could have a case.

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