In April 2016, plaintiff Benedict Lobo, 44, an Indian national software engineer, claimed that he was forced to resign from Intel Mobile Communications North America Inc. Lobo claimed that, prior to losing his job, he was harassed by his manager and that nothing was done when he complained about the manager’s actions. Lobo claimed that, as a result, he was forced to resign. Lobo sued Intel Mobile Communications North America, alleging that the company’s actions constituted age discrimination, national origin discrimination, a retaliatory discharge, and intentional infliction of emotional distress. Lobo claimed that his manager made disparaging remarks about his age and subjected him to a hostile work environment because of his ancestry and/or national origin. Lobo also claimed that he was denied opportunities and benefits at his job that would have ensured his success and that nothing was done about the complaints he made about his manager. Lobo claimed that, as a result of the manger creating a hostile work environment and the company’s failure to take any action in regard to his complaints, he was essentially constructively discharged. Defense counsel contended that Lobo was a poor performer who was regularly counseled by his managers regarding his need to improve and that Lobo chose to resign after he was presented with a corrective action plan in March 2016., Lobo claimed that he suffered emotional distress as a result of the alleged incidents, which continued since he was hired in October 2014. He also claimed that he suffered a loss of earnings as a result of being forced to retire. Lobo’s software-industry expert testified about the industry and performance management issues. Lobo sought recovery for his loss of pay and benefits, and for his emotional pain and suffering. Defense counsel disputed Lobo’s alleged emotional distress.