Employee Conduct, Termination and Progressive Discipline

Description


Resource:



Avery Foster v. Federal Express Corp

., 2006 U.S. Dist. LEXIS 53779 (E. Dist. Ct. MI)

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:

  • Design a Progressive Discipline Policy that would be appropriate for most organizations to follow, with consideration to the following measures:

    • Identify the discipline issues to be addressed: attendance, performance, conduct, or a single broad category of non-performance.
    • Determine whether or not 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.
    • Assess when a supervisor may act independently or needs to seek upper management approval.
    • Explain instructions on when to involve Human Resources.
    • Clarify the role of Human Resources to advise or approve disciplinary action.
    • Determine when a witness should be present.
    • Outline the different sequences and progressive levels of discipline that an employee can receive.
    • Develop rules regarding merit increases in relation to disciplinary action.

Write the policy in the third-person in no more than 1,400 words.

Use


headings that appropriately signal the steps and keep your policy organized.


Use

a minimum of three different research resources, and identify all sources in your Reference page.

1
Title of Paper
Student Name
Course/Number
Due Date
Faculty Name
Detailed expectations for a 300-499 Level Course (remove this line)
2
Title of Paper
Triple click your mouse anywhere in this paragraph to replace this text with your
introduction. Often the most important paragraph in the entire essay, the introduction grabs the
reader’s attention—sometimes a difficult task for academic writing. When writing an
introduction, some approaches are best avoided. Avoid starting sentences with “The purpose of
this essay is . . .” or “In this essay I will . . .” or any similar flat announcement of your intention
or topic. Read more: Center for Writing Excellence>Tutorials and Guides>Essay
Development>Guidelines for Writing Academic Essays.
Level One Heading
Replace the level one heading with the words for your heading. The heading must be in
bold font. Headings are a necessary part of helping your audience track the sub-topics discussed
in the body of the essay or report.
Be sure to indent the first line of each paragraph between five and seven spaces by
pressing the Tab key one time on the keyboard. In addition, remember to double space the entire
paper using the double space functionality in Word. This template is already formatted for
double spacing. Read more: Center for Writing Excellence>Tutorials and Guides>Software
Tutorials and Guides>Formatting Tutorial for APA.
In addition, keep in mind an academic essay should contain at least five paragraphs,
which includes the introduction (introductory paragraph), the body (which is generally at least 3
paragraphs), and the conclusion (generally one paragraph). Most well-developed paragraphs
contain at least 3-5 sentences, one of which is the topic sentence. Limit each body paragraph to
one sub-topic.
3
Level Two Heading
Replace the level two heading with the words for your heading. The heading must be in
bold font.
Conclusion
The closing paragraph is designed to bring the reader to your way of thinking if you are
writing a persuasive essay, to understand relationships if you are writing a comparison/contrast
essay, or simply to value the information you provide in an informational essay. The closing
paragraph summarizes the key points from the supporting paragraphs without introducing any
new information.
4
References
This is a hanging indent. To keep the hanging indent format, triple click your mouse on this line
of text and replace the information with your reference entry. You can use the Reference
and Citation Examples (Center for Writing Excellence>Tutorials and Guides>Reference
and Citation Examples) to help format your source information into a reference entry.
The reference page always begins on the top of the next page after the conclusion.

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