JUST CAUSE OR CONSTRUCTIVE DISCHARGE

Background

The employee, Lois Hale, is a Black female who has been employed for over four years as a "Sanitarian" in two cafeterias at the Ford Motor Company. Her job duties were to wash dishes and act

aa a food server.

Her job's shift began at $9$:$00$ a$.$m$.$ and ended at

$1$:$00$ p$.$m$.$

Company policy allowed each worker one meal for each meal

perlod worked.

In addition, employees were granted a fifteen minute

break for each three hour period worked.

On Thursday, May $21,1987,$ Hale reported to work as usual.

first two hours were spent in the hourly employees' cafeteria and

Her

the last two hours in the executives' cafeteria. At the end of the workshift management conducted a "shakedown" of all employees. The purpose of the search was to determine if food had been stolen from either cafeteria.

In the past, Ford Motor Company had had a problem with food being stolen and as a result had written a policy stating that any cases of food theft would result in immediate termination.

TO

notify employees of the new policy, the company called a meeting of all employees and provided each a copy of the policy.

Management

then asked if there were any questions. None were asked.

Unfortunately, the. problem continued. A second meeting was then held and once again the immediate discharge outcome was stressed.

The outcome of this meeting lead to no change in the food theft problem.

When Hale was asked to empty her purse she did and nothing out of the ordinary was found.

Management then noticed a bulge in

Hale's coat pocket. When asked what this was she replied "bones," she was asked to empty her pocket and a wrapped sandwich was produced. Hale was told she was indefinitely suspended. A few days later Hale was notified she was fired. Hale filed a complaint, on

this matter.

The termination was communicated over the phone. Management told Hale that she could either continue the grievance upon which she would be fired or withdraw the grievance allowing the company to

not use the theft against her.

Hale refused to withdraw her

grievance.

The Company's Position

The company representative claims that the known, practiced policy concerning removing food was that a pass had to be requested. Hale in the past had received food passes which shows that she was aware of the policy.

In addition, it is clear that because Hale lied when asked what was in her pocket during the shakedown she was attempting to conceal the sandwich.

The company alleges that regardless if Hale ate lunch

on this day she had failed to request a pass so the food was stolen.

To further prove that the sandwich was stolen management questioned why Hale wrapped the sandwich if she planned to eat it and$/$or why did she lie when asked what was in her pocket.

Hale's Position

Hale claims that she had not eaten lunch, as allowed by company policy, on the day of the shakedown and that the sandwich was simply her free lunch. Hale claims that her past work record shows that

she had never had a problem before and had alwavs been evaluated as

a good worker.

She claims that in her view she was not fired for stealing a sandwich but instead because she would not withdraw her grievance concerning her suspension.

$47.$ JUST CAUSE OF CONSTRUCTIVE DISCHARGE

$1.$ What role does the communication of the policy play in this specific case? Was the policy fair? Explain your answer.

$2.$ If the sandwich was Hale's lunch, was it the property of Hale$$the company? Explain why this might make a difference.

$3.$ How would you decide this case? Explain.