Workplace Law and Ethics

 

 

Post based on the prompt below and respond to a classmate’s post. The grading rubric in the syllabus describes the characteristics of robust posts earning full credit.

Case: Harvert v. Unity Medical Ctr., 428N.W.257, Minn. Ct. App,. 1988.

https://casetext.com/case/harvet-v-unity-medical-center-incLinks to an external site.

Courts have ruled that an employee handbook IS an employment contract and must be followed by both employee and employer. Look closely at employment contracts and the employee handbook; “The trial court granted Unity Hospital’s motion for summary judgment (immediate dismissal) on all claims, holding Unity’s employee handbook was sufficiently definite to form an employment contract, but Unity did not breach that contract by terminating appellant for theft. ”

Describe this case in 100+ words.
Address the following questions in 200+ words.
How do you feel about stealing food from the cafeteria and did the hospital overreact? What would you have done if you were the supervisor? What is your suggestion on what should the hospital policy be? Remember, when you set policy, you affect all future actions.

Sample Solution

Harvet v. Unity Medical Center: Employee Theft and Policy Implications

The case of Harvet v. Unity Medical Center (1988) centers around employee theft and the enforceability of employee handbooks as employment contracts. In this case, Mr. Harvet was fired for stealing food from the hospital cafeteria. The court ruled in favor of the hospital, finding that the employee handbook constituted a binding contract and that Mr. Harvet’s actions constituted a breach of that contract.

Employee Theft and Overreaction?

Stealing, regardless of the item’s value, is a serious offense that undermines trust within a workplace. While the act of stealing food might seem minor, it sets a precedent for potential future transgressions. However, some might argue that termination seems like a harsh punishment for a first-time offense involving a relatively small amount.

Supervisor’s Role and Policy Recommendations:

As a supervisor, the first step would be to investigate the situation thoroughly. This might involve reviewing security footage, speaking with witnesses, and giving Mr. Harvet the opportunity to explain himself. Depending on the findings, a range of disciplinary actions could be considered, including a verbal warning, written reprimand, or suspension. Termination would likely be reserved for repeat offenses or theft of a significant value.

A well-defined hospital policy on employee theft is crucial. This policy should clearly state what constitutes theft, potential consequences of violating the policy, and the progressive disciplinary actions that will be taken. The policy should be distributed to all employees and reviewed during new staff onboarding.

Here are some additional suggestions for the hospital policy:

  • Graduated disciplinary actions:Outline a range of consequences for theft based on the severity of the offense (e.g., first offense – written warning, second offense – suspension, third offense – termination).
  • Alternative solutions:Consider offering alternative solutions for employees struggling financially, such as subsidized meals or employee assistance programs.
  • Clear communication:Ensure the policy is clearly written, readily accessible, and well-understood by all staff.

By establishing a clear and fair policy, the hospital can deter futurea theft incidents while also ensuring a consistent approach to disciplinary actions.

 

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