Signature Homework: Employee Conduct, Termination, & Progressive Discipline
Length: 1,400 words.
This Signature Homework is designed to align with specific Program Student Learning Outcomes (PSLOs) in your program. PSLOs are broad statements that describe what students should know and should be able to do upon completion of their degree. The Signature Homeworks may be graded with an automated rubric that allows the University to collect data that can be aggregated across a location or college/school and used for program improvements.
Review the Avery Foster v. Federal Express Corp., 2006 U.S. Dist. LEXIS 53779 (E. Dist. Ct. MI) case.
The issue in the case is whether the company's employment handbook created an implied contract. Avery Foster was terminated for falsifying an employee timecard. He argued that he was told in his initial interview that he would be guaranteed employment at Federal Express as long as he was a good worker and was protected from "just cause" termination. The court found there was good cause to terminate Avery Foster and that the handbook did not create an implied contract of guaranteed employment.
Progressive discipline is an employee disciplinary process that provides a graduated and measured range of responses to employee performance or conduct issues. Critical thinking consideration: Short of termination, could progressive discipline have been effective in this matter?
Given the circumstances and issues that arose in the Avery Foster case, create the following:
o Design a Progressive Discipline Policy that would be appropriate for most organizations to follow, with consideration to the following measures:
o Identify the discipline issues to be addressed: attendance, performance, conduct, or a single broad category of non-performance.
o Determine whether the provisions of the policy should permit the company to modify and/or apply the policy in any manner it deems appropriate under the circumstances, including acceleration of steps, exclusion of steps, or repetition of steps.
o Assess when a supervisor may act independently or needs to seek upper management approval.
o Explain instructions on when to involve HR.
o Clarify the role of HR to advise or approve disciplinary action.
o Determine when a witness should be present.
o Outline the different sequences and progressive levels of discipline that an employee can receive.
o Develop rules regarding merit increases in relation to disciplinary action.
Format your homework according to the following formatting requirements:
o The answer should be typed, using Times New Roman font (size 12), double spaced, with one-inch margins on all sides.
o The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
o Also include a reference page. The Citations and references must follow APA format. The reference page is not included in the required page length.