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Just Cause – Fair and Just ER cased

Just Cause – Fair and Just ER cased. Violation of four rules. Mitigating Circumstances Present. Found out wife was dying of cancer. Rule 3 –do not to touch or speak to anyone in an unreasonably abusive or harassing manner.

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Just Cause – Fair and Just ER cased

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  1. Just Cause – Fair and Just ER cased Violation of four rules Mitigating Circumstances Present Found out wife was dying of cancer Rule 3 –do not to touch or speak to anyone in an unreasonably abusive or harassing manner. Rule 5 - report to work on time and work in a diligent and productive manner. Rule 8 - cannot engage in behavior that is harmful to the reputation of the employer. Rule 15 - cannot damage, take, or steal the possessions of others in the work place. EE received 2 oral and 1 written warnings due to late arrival to work No attempt to alleviate problems EE knew counseling was available and took no action to take advantage of the service Termination of EE due to liability for the company in the future because he destroyed customers property.

  2. Supervisor • Gave Mike 2 oral and 1 written warning due to being late to work in past month • Cited the home where event took place on March 12, 2012 5 times, waiting on the 6th • Informed Mike of counseling program in the past month • Unaware Mike was having family problems • Confidence in EE to not lash out again is lost • Neighbor who took video • Regularly heard Mike swearing and being disruptive when emptying trash at neighbors home • Behavior was reoccurring, was taped because behavior was expected • Thinks less of the company, gives company bad reputation • Woman who owns house • Had some problems with current tenants, but resolves problems without violence and with rational conversation • Had to go get new mailbox and trash can • Mike • Violated rules 3, 5, 8, 15 • No communication with supervisor • No attempt at counseling, says he will go now • Cannot trust EE to handle future situations correctly • EE has become a liability for the company • Mike’s Partner • Heard Mike swearing on March 12, 2012 • Both partake in swearing regularly • Knew Mike was having serious problems • Arbitrations: Nevins #6: EE acting in unsafe manner – upheld discharge even though EE there for 14 years. Gentile #3: EE not dependable and safety problems. Discharge upheld even though 14 years. Service.

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