Mogley v. Chicago Title Ins. Co.
| Decision Date | 21 October 1983 |
| Docket Number | No. 83-1069,83-1069 |
| Citation | 719 F.2d 289 |
| Parties | 33 Fair Empl.Prac.Cas. 10, 32 Empl. Prac. Dec. P 33,861 Robert J. MOGLEY, Appellant, v. CHICAGO TITLE INSURANCE CO., Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Kaveney, Fleming, Russell, Beach & Mittleman, Lawrence J. Fleming, Thomas F. Flynn, Clayton, Mo., for appellant.
William R. Sullivan, Jr., and Joan McAvinn Gale, Chicago, Ill., and Michael P. Casey, St. Louis, Mo., for appellee.
Before BRIGHT, ARNOLD and FAGG, Circuit Judges.
Robert J. Mogley brought this action against his former employer, Chicago Title Insurance Company, seeking damages for unlawful termination of employment under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Sec. 621 et seq. The district court dismissed the action because Mogley's complaint indicated that he had failed to file a charge of employment discrimination with the Equal Employment Opportunity Commission within 180 days of the alleged discriminatory act. 553 F.Supp. 1045. On appeal from the judgment of dismissal, we affirm.
The pleadings disclose that on July 27, 1981, the company notified Mogley that the St. Louis office where Mogley worked would close on July 31, 1981, and that Mogley's employment would then terminate. In that letter, he was given the option of accepting early retirement. Mogley elected early retirement and executed an agreement with the company dated August 19, 1981, which required him to accept early retirement as of January 31, 1982. Mogley filed his age discrimination claim with the EEOC on February 16, 1982, more than 180 days after the letter notifying him of his termination, but within 180 days of both signing the agreement with the company and actually being terminated.
The district court determined that July 27, 1981, was the operative date for purposes of limiting the cause of action. The 180-day period begins to run when the allegedly improperly-motivated decision to terminate an employee is made and communicated to the employee, notwithstanding that the employee continues working until some later date. Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980). See Chardon v. Fernandez, 454 U.S. 6, 102 S.Ct. 28, 70 L.Ed.2d 6 (1981); Aronsen v. Crown Zellerbach, 662 F.2d 584, 593 (9th Cir.1981); Anness v. United Steelworkers of America, 26 FEP Cases 1340 (N.D.Ohio 1981). Thus, the district court decision is supported by case law.
Appellant Mogley contends that the doctrine of estoppel should toll the 180-day period of limitation, but fails to identify facts justifying estoppel....
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...503-05, 66 L.Ed.2d 431 (1980) (Title VII case); Mogley v. Chicago Title Insurance Co., 553 F.Supp. 1045, 1046-47 (E.D.Mo.), aff'd, 719 F.2d 289 (8th Cir.1983) (ADEA case). In the present case, plaintiff and defendants agree that the date of notification of the alleged discriminatory act was......
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Heiar v. Crawford County, Wis.
...its holding is applicable to the statutes of limitations in other federal employment-discrimination statutes. Mogley v. Chicago Title Ins. Co., 719 F.2d 289, 290 (8th Cir.1983), for example, cites Chardon en route to the conclusion that notice rather than discharge lights the 180-day fuse i......
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Walton v. U.S. Steel Corp., Case No. 2:10-cv-188
...Cir. 1986) (not allowing equitable tolling because plaintiff was aware of his right to sue) (citing Mogley v.Chicago Title Insurance Co., 719 F.2d 289, 290-91 (8th Cir. 1983) (per curiam) (limitations period not tolled by employee being given option of remaining on payroll until retirement ......
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