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HOWLETT v. HOLIDAY INNS, INC.

No. 95-6236.

120 F.3d 598 (1997)

Ronald H. HOWLETT; Graves B. Ivey; Siegfried K. Konetzny; Jeffrey E. McLaughlin; Homayoon Meshginpoosh; Terry Phillips; Edward Rinckel; Frederick C. Roozen; Christopher R. Ryan; Rene H. Schiegg; Fred Wright, Plaintiffs-Appellees, v. HOLIDAY INNS, INC., a Tennessee corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided: August 5, 1997.

Rehearing and Suggestion for Rehearing Denied October 9, 1997.

Attorney(s) appearing for the Case

Rudy J. Huizenga, (briefed), Huizenga, Hagan, Hergt & Rivers, Detroit, MI, Donald A. Donati, Donati & Associates, Memphis, TN, Gerald D. Wahl, (briefed), Detroit, MI, Beth M Rivers, (argued and briefed), Wahl & Rivers, Detroit, MI, for Plaintiffs-Appellees.

Donald A. Donati, Donati & Associates, Memphis, TN, Gerald D. Wahl, (briefed), Detroit, MI, Beth M. Rivers, (argued and briefed), Wahl & Rivers, Detroit, MI, for Plaintiff-Appellee Fred Wright.

Thomas L. Henderson, (briefed), Frederick J. Lewis, (argued and briefed), Rhonda M. Taylor, (briefed), McKnight, Hudson, Lewis & Henderson, Memphis, TN, for Defendant-Appellant.

Before: GUY and RYAN, Circuit Judges; JARVIS, Chief District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied October 9, 1997.

OPINION

RYAN, Circuit Judge.

We are called upon to decide whether terminated employees who sue their former employers under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, must first tender back any portion of the incentive payment they received for their general promise not to sue on any matter relating to the termination. We hold that because...

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