Jim Jones signed an application agreeing to have all disputes with Sparrow resolved by a Grievance Review

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Question:

Jim Jones signed an application agreeing to have all disputes with Sparrow resolved by a Grievance Review Board when he was hired as a custodian at Sparrow Hospital in 2011. His supervisor, Dan Quinn, can testify that Jones' job duties included collecting and disposing of trash, mopping and sweeping floors, and cleaning bathrooms.

Jim Jones was discharged on June 17, 2023, after being seen playing tennis on June 13 by coworker Bob Barker, immediately following his use of sick leave following a back injury. Jones took 10 days of sick leave from June 1-June 12, 2023.

◦Sparrow's leave policy in its employee handbook states that sick leave can only be used for a serious medical condition. HR Director Penny Woods has explained that "serious medical condition" typically requires a doctor's note stating that the employee is incapable of reporting to work for a specific period of time when sick leave is being used.

◦Sparrow's HR director Woods asked Jones for medical documentation re: his back condition after Barker saw him playing tennis. Jones provided Woods with a note from his doctor, Dr. Beth Page, stating that he could not perform his work duties from June 1 through June 12, 2023, due to a back injury. Sparrow did not provide Dr. Page with any information regarding what his job duties entailed. Jones saw Dr. Page on May 31 after he injured his back on May 30. Jones asked Dr. Page for a note on June 1, and the note was provided to Sparrow on June 3.

◦Jim had worked at Sparrow for 12 years, with no previous disciplinary record and above average performance ratings.

Sparrow's employee handbook states that employees can only be discharged for just cause, and that any disputes regarding discipline or discharge must be resolved through a grievance filed with the Grievance Review Board.

Jones filed a grievance regarding his discharge on June 30. As part of its investigation, HR Director Woods interviewed Jones and Barker. Sparrow's HR did not seek any additional medical information directly from Dr. Page after it received Dr. Page's original note received on June 3. Woods alleges that on June 16, she asked Jones to get additional information from his doctor regarding his use of sick leave, and Jones alleges that he asked Dr. Page for another note on June 18, after he was discharged. It is unclear from the grievance why Sparrow did not receive any additional information from Dr. Page regarding Jones' use of sick leave.

1. How would Sparrow establish that it had just cause to discharge Jim?

2. How could Jones challenge his discharge under the 7 just cause factors?

3. Develop direct and cross examination questions for your witnesses (Sparrow) and anticipate witnesses for the other party (Jim Jones). Witnesses can add to the facts provided above, but cannot contradict them given facts.

4. Draft an opening statement for the party playing the role of Sparrow.