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Company A's employee manual states that employee discipline will be administered through a progressive performance improvement procedure. At Level 1, employees receive a verbal warning

Company A's employee manual states that employee discipline will be administered through a progressive performance improvement procedure. At Level 1, employees receive a verbal warning and verbal counseling by their immediate supervisor; at Level 2, employees receive a written notice of discipline and formal counseling with the immediate supervisor; at Level 3, employees receive up to three days of unpaid suspension and receive a formal, written performance improvement plan upon return to work that must be successfully completed in conjunction with their immediate supervisor. If employees do not successfully conclude a Level 3 performance improvement plan, they will be discharged from employment.

Company B's employee manual states that employee discipline will be administered under the supervision of each employee's immediate supervisor. Discipline may range, in the immediate supervisor's discretion, from verbal warnings and informal counseling, to written notice of discipline and formal counseling, to unpaid suspension, to immediate termination based on the severity of the incident.

  1. If an employee gets into an argument with his supervisor and, in the heat of the moment, threatens the supervisor, do Company A and Company B both have the same legal ability to immediately fire the employee?

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