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No benefits if there is no cooperation with investigation

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in Discrimination and Harassment

Employees who claim they quit because their employer wouldn’t address harassment or discrimination are eligible for unemployment compensation benefits—if they gave the employer a chance to remedy the situation.

Recent case: Nikita was transferred to a new restaurant and complained to HR that she had been subjected to a sexually hostile work environment. When the company tried to investigate and called Nikita in for a meeting, she refused to cooperate unless she could have a friend attend with her.

The employer refused and Nikita quit. She applied for unemployment, arguing she was forced to quit.

The court blocked the benefits. It said Nikita prevented resolution of her complaint by not cooperating. That meant she hadn’t given her employer a chance to fix the problem before quitting. (Cordes v. Heartland Midwest, No. A15-0554, Court of Appeals of Minnesota, 2015)

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