Rifkin v. University of Cincinnati
Rifkin v. University of Cincinnati
Opinion of the Court
Appellant Marilyn Rifkin appeals the district court’s order granting summary judgment to the University of Cincinnati and Philip Jackson (collectively “the University”) on Rifldn’s claims of employment discrimination by the University. Al
After reviewing the record, the applicable law and the parties’ briefs, and having had the benefit of counsels’ oral arguments, we conclude that the district court’s opinion carefully and correctly sets out the law governing the issues raised and clearly articulates the reasons underlying its decision to dismiss the complaint. Because the issuance of a full written opinion by this court would serve no useful purpose, we AFFIRM the judgment of the district court on the basis of its well-reasoned opinion.
We note, however, that Rifkin makes an argument to us that she did not raise before the district court, namely, that the waiver does not apply prospectively, and because her constructive discharge occurred on the date that her early retirement took effect, some nine months after she signed the early retirement agreement containing the waiver, the waiver does not preclude the constructive discharge claim. We do not ordinarily consider arguments not raised before the trial court; Rifkin has provided us with no explanation for her failure to raise this issue before the trial court; and the argument is in any event wholly without merit. Rifkin voluntarily retired; she was not constructively discharged; and had there been a constructive discharge, it would have occurred on the date Rifkin signed the retirement agreement containing the waiver.
The judgment is AFFIRMED.
Reference
- Full Case Name
- Marilyn RIFKIN v. UNIVERSITY OF CINCINNATI Philip Jackson, Professor
- Status
- Published