Pennington v. Western Atlas, Inc., 202 F.3d 902 (6^th Cir. 2000); 2000 FED App. 0044P (6th Cir.)-     This court affirmed the district court's holding that Western Atlas, Inc. violated 29 U.S.C. § 1140 when it laid off two employees, Pennington and Cunningham.  The former employees made a strong case, supported by findings of fact which showed, among other things, that management had specifically analyzed its employee roster on the basis of age and benefit program information, then disproportionately terminated older employees under an alleged reduction in force, and at the same time began recruiting at colleges for new, younger employees.  The former employees further showed through documents and testimony that Defendant's proffered reasons for termination—poor performance, failure to use Computer Aided Design technology, and workplace disruption—were all factually false.  This court found that Pennington and Cunningham clearly established both a prima facie case and presented additional evidence to establish that the company's proffered reasons for termination were pretextual.