The employer's discharge of an employee for incompetence is not likely to be upheld by an arbitrator if the employee shows substantial improvement after a warning.

Question

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If the employee shows substantial improvement after a warning, it indicates that they are capable of performing their job duties and may have just needed additional training or guidance. Therefore, the employer's decision to discharge the employee for incompetence may not be seen as justified by an arbitrator in this case.

The Employer's Discharge of an Employee for Incompetence Is Not