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Court: Employees must give employers chance to fix errors

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in Firing,FMLA Guidelines,HR Management,Management Training,Maternity Leave Laws

Some employees think they can walk out on their jobs as soon as it looks like their employer is going to violate their rights. Then they sue, arguing constructive discharge. But courts expect employees to give their employers a chance to right wrongs.

Recent case: When Kimberli Trier­weiler became pregnant, she wasn’t yet eligible for FMLA leave. Her supervisor warned her about her absences, and got angry when she said she would be off for a week on doctor’s orders.

Meanwhile, HR discussed ways to accommodate Trierweiler’s expected absences. But she never came back. Instead she sued, alleging pregnancy discrimination.

The court threw out her case, concluding she couldn’t show she was constructively discharged and pointing out that the company wasn’t planning to fire her. (Trierweiler v. Wells Fargo, No. 10-1343, 8th Cir., 2011)

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