1. Do you think the fact that an attorney was consulted before the acceptance of the offer is relevant in this case to determine whether the waiver was knowing and voluntary?
2. As an employer, what should you do to ensure the waiver an individual will be signing is valid?

Oubre filed this suit against Entergy alleging constructive discharge on the basis of her age in violation of the ADEA and state law. She has not offered or tried to return the $6,258 to the employer, nor is it clear she has the means to do so. The lower court agreed with the employer that Oubre had ratified the defective release by failing to return or offer to return the monies she had received. The Court of Appeals affirmed judgment for the employer and the Supreme Court reverses.