Roberts

*732 MEMORANDUM **

This is an appeal from the district court’s order of summary judgment against an employee’s claims for wrongful denial of benefits and employment discrimination. We affirm.

I. Facts

Jeff Roberts was employed by the Union Pacific Railroad Company (“UP”) from November 1966 until December 1996. In December 1996, UP learned that over the course of twelve months, Roberts had taken and redeemed $5,200 worth of gift certificates that were to be distributed to other employees as part of a company bonus program. When UP officials confronted him, Roberts admitted to the theft.

On January 7, 1997, Roberts’ supervisor asked Roberts to resign, effective December 31, 1996, by signing a separation agreement. In exchange for Roberts’ resignation and agreement to repay UP for the stolen property, the agreement stated that UP would not pursue legal action for the theft and that he would be paid his salary and unused vacation time through December 31, 1996. The agreement also notified Roberts that his employee benefits would expire upon the December 31 termination date and advised him of his option to obtain medical coverage under the Consolidated Omnibus Budget Reconciliation…