A nursing director gives a verbal resignation in a heat of anger conversation. His COO accepts it and says "Yes" to him. Two days later, he is replaced by a 47 yr. old nurse. The director was 73 yrs. old. The nursing director filed an EEOC action claiming age discrimination, filed an unemployment claim based on forced termination without just cause and prevailed in a legal settlement. Based on acts of congress assoiciated with age discrimination in the work place, what points make the nursing directors' claim valid?