vithin the coiiipan, wi, ' . ? ractice discrimination. h regard to its employees? 5. Are promotions from i 6. Do firms that recruit at colleges p ' 7. What records must an employer keep WIL Case Problems 1 The plaintiff was hired in June 1996 by Defendant lfifal-Bv'lzli't to work as an overnight stocker in Defendant's Shelton Store. On October 4, . . r C 0 fl 2007, the defendant terminated the plaintiffs emplo} ment ior bros, misconduct. Specifically, the plaintiff was terminated for using profanity on the salesfloor and threatening other associates. Mr. Johnston states that both Mr. Sleight and Jim Miller, a stocker who allegedly witnessed the incident, said that the plain- tiff used "profanity and became aggressive towards Spencer and bumped him with his chest, knocking him backwards. Mr. Johnston contends that he decided to terminate the plaintiff after speaking to Mr. Sleight and Mr. Miller, reviewing the plaintiffs personnel file, considering other employees' earlier statements about the plaintiffs unbecoming behavior, and tak- ing into account that his job was to ensure that Wal-'viart was not exposed to any "hostility." Mr. Johnston asserts that he made the decision to terminate the plaintiff because the plaintiff used pro- fanity and the "implied threat" of "raising voices and shouting," and that this decision was based on the guidelines of X'Val-Mart policy. Mr. Etchells states that as a standard disciplinary procedure for swearing on the salesfloor Wal-Mart would usually "coach for improvement" and provide written counseling or a write-up, and "if this ever happens again," the employee would be terminated. Mr. Etchells asserts that for workplace violence an employee would be automatically terminated. Mr. Etchells contends thm Mr. Johnston "was convinced that the physical contact bag oc: curred based on the facts that he had" in the sta , " The issue is whether Terry Knight was am} 1, ance with company policy for workplace view W 1 Do you agree with the court's ranging , -. I .. .' muni 2. Do you believe Terry "T 3 yau m if " ir ri' x v ' ' ' '-J g: , H v' II. r v' ' any}, If". Mk I. -. v ' vi li H i ki'iiii":'iii< l',l