Gerald Woythal was Chief Engineer for Tex-Tenn Corp. He was one of the company’s original employees and sixty-two years old. His boss was Operating Manager James Carico. Carico found it difficult to communicate with Woythal, whom he characterized as having a negative attitude, being apathetic about the company’s future and sometimes unavailable when Carico needed to talk to him. The company was experiencing rapid growth, and Carico was concerned about the Engineering Department’s ability to meet the increased demands placed upon it. He decided to hire an additional engineer to serve as Woythal’s assistant.

Woythal showed no interest in the hiring decision or in recruiting the new engineer. When Carico asked Woythal about his plans for the future and what he wanted to do for Tex-Tenn, Woythal simply replied that he would work until he was seventy. When Carico pressed Woythal about his plans for the Engineering Department, Woythal was uninterested and evasive. Carico then called Woythal into his office for a discussion and told him that “the company needed his participation, and if he chose not to participate, he would not be needed.” Carico then askedWoythal if he intended to be an active participant in the company and told him to make his mind up by the end of the month.

Woythal interpreted Carico’s remarks to mean that he was fired, and he left the company at the end of the month. Tex-Tenn hired a younger engineer to replaceWoythal.Woythal then filed suit under the ADEA, alleging age discrimination.

Can Woythal establish a legitimate claim of age discrimination? What defenses can Tex-Tenn raise?
How should the court rule on the suit? Explain your answers. See Woythal v. Tex-Tenn Corp. [112 F.3d 243 (6th Cir. 1997)].