two particular issues that the joy of our our attention one that being the various adverse employment actions which took place on fortunately this record what emphasize anthony to look at the most was employment action that took place we had numerous which came out of the discovery namely among them in addition to those the fact that he was not provided the proper proceeding receive letters and the lever while at work now granted let's let's let's put it within that context if you get the first letter it takes all this time why do they then do the same thing a second time and taste and take ministry of proceedings of the appeals and they didn't do this and the importance of that issue your honor is that it shows alternately what the belly was getting to it's not just in the context of say no no no it's just a matter of the adverse employment action being that he's not just working for hours  controversy well i think that it's urgent someone sent you a certified letter you have it you just can't sit back and say argument's sake that ok he refused to get the letter while still the proof the only gave him the letter later on and said no your time is solved because when you actually got it the five these for the ministry of appeal had passed while fine maybe initially was a burden on me but we i mean not you have a burden if you're going to place me on notice why are you taking this long and basically using your own internal proceedings consideration and judge i intend to to respond to your question but it's broken down into segments the first one being that no us was the other hand the man slash driver who had the same position as my client now what happens is  forty's so we have to assume he's forty nine that's not under our case law that's not a big enough age difference between fifty and forty nine there is a distinction when the cases and i think the district  that being this issue of the difference in age the other one being one of the employee filled that position which was occupied by the happily showing that there was in fact still some use for it and tying all of this together with the issue of correct more nuanced was in the same sort of circumstances that doesn't address specifically the questions of your honor's on this element that addresses the different issues that we've been racing in our brief that it's position is one that is so why is it that one munoz resigns voluntarily we're not claiming that there was discrimination lot this is still there here's your perfect situation is just one he was never given the position so went out and hire younger driver there is no evidence as to that there is evidence to it is that their claim that the five point sixty five percent i believe was in the sequestration made their life horrible financially and yet we do see their record that they opened at least two more centers that we know off and at the time the services that were allegedly not being provided were being provided in this and the other centers i believe is the centering inside head a limiting the wages and the amount of work hours of lopez was financially in reality it was not and like any good it earlier we need to take into consideration the tally of all the circumstances that address those issue and the one that mentioned that