Answer the questions following the fact patterns using the IRAC format:

1). Constance has been caring for her sick mother for the last few months. She finally goes out on leave from Company under Californias leave law. After 6 weeks she decides that her interests are better served using the Federal law. She informs Company of her decision to change. Company allows her to switch.

A] Assume Constance could switch. She now wants to return to Company as her mothers health has significantly improved. Company refuses to give Constance her former job back. However, Company will provide a position that compensates less in salary and benefits. Constance sues Company. Who wins and why?