Don't Forget Your Progressive Discipline Policies

Law360, New York (November 15, 2013, 1:07 PM EST) -- In 1988, Kaiser Foundation Health Plan of the Mid-Atlantic States Inc. hired Stephanie Strass as its director of public affairs. After suffering hypertension and excess stress from her job duties, Strass sought a transfer into a newly created less-stressful position at Kaiser of director of community relations. Kaiser denied Strass her transfer request and went further. It also terminated her employment citing for its rational her purported "negative attitude."

However, at the time of Ms. Strass' termination, Kaiser had a progressive discipline policy in effect. This policy provided for specific steps to be followed prior to termination of employment with Kaiser....

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