Berrington v. Wal-Mart Stores, Inc., No. 11-1988 (6th Cir. 2012)
Annotate this CaseIn 2003, Berrington began working for Wal-Mart; he took several approved leaves of absence. In February 2007, Berrington began a leave that was approved through April, 2007. Berrington, did not return to work after April 30. Berrington claims that because of conversations he had with managers, he did not believe he needed to update or extend his leave. In mid-May, a personnel manager contacted Berrington and told him to update his paperwork, which Berrington did. Three days later, Berrington was informed that he was fired, but that he could be rehired after 90 days. Berrington applied for unemployment benefits. Wal-Mart opposed Berrington’s request on the basis that Berrington voluntarily terminated his employment by failing to return from a leave of absence. Wal-Mart’s paperwork recommended rehiring Berrington. While the dispute was pending Berrington reapplied, but Wal-Mart did not hire him. He reapplied a second time, without success. Since August 2007, the store has hired employees to positions for which Berrington is qualified. Berrington contends Wal-Mart refused to hire him because he filed for unemployment benefits, which he eventually received. The district court dismissed. The Sixth Circuit affirmed, declining “to carve an unprecedented category of public policy claims out of Michigan law.”
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