Just Cause

If action is taken against you, the employer must meet the seven tenets of just cause.  If this did not happen, the action taken against you WILL be reversed.


1.   NOTICE

Did the employer give the employee forewarning or previous knowledge of the possible consequences of the employee’s disciplinary conduct?


2.   IS THE RULE OR ORDER REASONABLE?

Were the employer’s rules or managerial orders reasonable and conducive to an orderly, efficient, and safe operation of the employer’s business as well as the performance that the employer might properly expect of the employee?

 

3.   INVESTIGATION

Did the employer, before disciplining the employee, make an effort to determine if the employee violated or disobeyed a rule or order of management?

 

4.   FAIR INVESTIGATION

Was the employer’s investigation conducted objectively?

 

5.   PROOF

During the investigation did the employer discover substantial proof that the employee had violated the rule or order?

 

6.   EQUAL TREATMENT

Has the employer applied rules, orders, and penalties evenhandedly and without bias to all employees?

 

7.   PENALTY

Was the discipline reasonably related the seriousness of the employee’s proven offense?
  Did the penalty relate to the employee’s service record?

© Paul Vilja 2017