It would seem that this time he is in far deeper trouble, with the possiblity of a three-match suspension looming. The young Australian has been charged, along with Fulham's Barry Hayles, with violent conduct by the FA.
There was a heated exchange in the match, and it would seem that Hayles was the more violent of the two, whereas Foxe was more mouthy. Nevertheless, they have been charged "with a breach of Rule E2 for violent conduct".
Foxe, responding on the club's official site, said "I just heard about it today; Paul Aldridge mentioned something but it happened a good couple of months ago and I can't understand it.
"There was nothing vicious or nasty, we just had a few words, the referee dealt with it, and I don't even know what we're being charged for. We had words as everyone does, but I'd forgotten all about it, to be honest.
"We clashed and he hit me, to be fair, but I didn't make a meal of it as most people would when someone hits you. Most people would have rolled around on the floor but I just said a few words to him, the referee just booked us both - and that was it.
"It is the first time I've heard anything about it since; it happened so long ago and I didn't even get a red card or anything. I can't understand it, but I'm not sure what happens next; it came as a shock to me and I really don't know the procedures at the moment."
The procedure now is that West Ham have 14 days to respond to the FA, before there is a hearing by a disciplinary panel, where the players fate would be a decided.
The worst possible outcome is likely to be a three-match suspension, which couldn't come at a worse time for the Hammers. Currently there are three defenders on four bookings, Repka, Schemmel & Winterburn, so the threat of suspensions is already looming.