Definition: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Input: Suggesting an Initial Written Warning." At the end of that list, Policy 210 warns, "Repeated violations of any of the above examples or other more serious offenses will result in more extreme disciplinary action, up to and including termination of employment." Policy 210 then provides thirteen "Examples of Misconduct Suggesting Termination." The misconduct section of Policy 210 states, "Misconduct, depending on its seriousness, will generally be addressed by means of written warning ... or other discipline up to and including termination." Thus, the misconduct provisions of Policy 210 indicate that NCR retains some discretion as to when and whether to provide a written warning before terminating an employee. See Sanderson v. First See. Leasing Co., 844 P.2d 308, 306 (Utah 1992) (<HOLDING>). 89 With respect to performance issues,
Holding statements: (A) holding failure to follow progressive discipline policy does not constitute pretext when employer reserves right to fire atwill employees without notice (B) holding that the statement in the employers progressive discipline policy that in situations where employee behavior warrants immediate termination the stages of this process do not need to be followed granted the employer unbounded discretion to discharge employees without following the guidelines (C) holding no pretext for not following progressive discipline where policy contemplated immediate termination for certain offenses (D) holding the employer breached the duty owed to its employee by erroneously advising the employee he would continue to have coverage for 30 days following his termination of employment under the employers group policy (E) holding failure to follow progressive discipline does not demonstrate pretext when use of the policy is entirely discretionary
Output:
(B)