Question

Marianna has been returning from her lunch break 30 minutes late for the past 2 weeks. When her manager confronts her about it, she points out that everyone, including her manager, takes long lunches and makes up the half hour later in the day. The discipline of Marianna appears to violate which Just Cause test?
a. Upon investigation, was there substantial evidence or proof that the employee was guilty as charged?
b. Was the degree of discipline administered by the company in a particular case reasonably related to the seriousness of the employee's proven offense and the record of the employee's service with the company?
c. Did the company give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee's conduct?
d. Has the company applied its rules, orders, and penalties evenhandedly and without discrimination to all employees?

Answer 1

Answer:

d. Has the company applied its rules, orders, and penalties evenhandedly and without discrimination to all employees?

Explanation:

The seven tests for Just Cause are the following:

1. Adequate warning
2. Reasonableness
3. Completeness of investigation
4. Objectivity of investigation
5. Proof of infraction
6. Uniformity of the rules application (option D refers to this specific Just Cause test)
7. Reasonableness of discipline.

The Just Cause tests are used to determine if any disciplinary or termination action was fair, and not just because the employer or supervisor wants to.