Trierweiler v. Wells Fargo Bank
2011 U.S. App. LEXIS 7150
| 8th Cir. | 2011Background
- Trierweiler began working for Wells Fargo in Oct 2006 in Watertown, SD; the employee handbook emphasized attendance as essential and warned that excessive absences could lead to corrective action or termination.
- PTO totaled 20 days per year; Trierweiler received pro‑rated PTO for 2006 and used all PTO plus approximately 4.5 unpaid days by year end.
- In Dec 2006 she announced pregnancy; not FMLA eligible due to tenure, but eligible for maternity leave under Wells Fargo's short term disability plan with a five‑day waiting period requiring PTO pay.
- April 3, 2007 performance review found no attendance concerns; two weeks later a supervisor discussed attendance; Trierweiler acknowledges a PTO review, while she says it was not disciplinary.
- May 11, 2007 Maynard warned Trierweiler that another absence would lead to termination; HR advised response was subject to HR directions.
- Trierweiler began pregnancy‑related medical leave May 14; Wells Fargo explored accommodations via WorkAbility; Trierweiler did not return after the leave and ultimately quit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Trierweiler’s resignation constituted a constructive discharge | Trierweiler contends conditions were intolerable and intended to force quitting due to pregnancy. | No intolerable conditions or intent to push resignation; employer sought accommodations and desired to preserve employment. | No constructive discharge; no intolerable conditions or intent shown; summary judgment affirmed. |
Key Cases Cited
- Smith v. Fairview Ridges Hosp., 625 F.3d 1076 (8th Cir. 2010) (constructive discharge burden and standard)
- Jones v. Fitzgerald, 285 F.3d 705 (8th Cir. 2002) (substantial burden for constructive discharge proof)
- Devin v. Schwan's Home Serv., Inc., 491 F.3d 778 (8th Cir. 2007) (intent to maintain employment, not to cause quit)
- Brenneman v. Famous Dave's of Am., Inc., 507 F.3d 1139 (8th Cir. 2007) (employee must be given reasonable chance to remedy problems)
- Fercello v. County of Ramsey, 612 F.3d 1069 (8th Cir. 2010) (proper test for constructive discharge includes intent/foreseeability)
- Smith v. Goodyear Tire & Rubber Co., 895 F.2d 467 (8th Cir. 1990) (employee must not prematurely quit and must engage process)
- Hanenburg v. Principal Mut. Life Ins. Co., 118 F.3d 570 (8th Cir. 1997) (summary judgment standard in discrimination cases)