Running Case: LearnInMotion.com

Fair Treatment in Disciplinary Action

Because the employees at LearnInMotion.com use highcost computer equipment to do their jobs, Jennifer and Pierre have always felt strongly about not allowing employees to eat or drink at their desks. Jennifer was therefore surprised to walk into the office one day to find two employees eating lunch at their desks. There was a large pizza in a box, and the two of them were sipping soft drinks and eating slices of pizza and submarine sandwiches from paper plates. She could see that there were grease and soft drink spills on their desks, and the office smelled of onions and pepperoni. In addition to looking unprofessional, the mess on the desks increased the possibility that the computers could be damaged. One of the employees continued to use his computer with greasy fingers between bites.

Although this was a serious matter, neither Jennifer nor Pierre believes that what the employees were doing is grounds for immediate dismissal, partly because there is no written policy on eating at the workstations. They just assumed that people would use their common sense. The problem is that they do not know what to do. It seems to them that the matter calls for more than just a warning but less than dismissal. As their management consultant, how would you answer the following questions?

QUESTIONS

I What is a progressive discipline policy, and should LearnInMotion.com put one in place, formally and in writing within their human resources policy manual?

II If LearnInMotion.com puts a progressive disciplinary policy in place and these two employees choose to eat at their desks again, would this constitute “just cause” termination?

III If LearnInMotion.com chooses to terminate these two employees right now, would they face any legal ramifications?