Just cause, in the employment context, refers to the employer's right
to discipline or terminate employees for misconduct or negligence. In many
states employers must at least show just cause for terminating you. Just
cause is legal jargon for a legitimate business reason, such as wrongdoing
on the employee's part. Just cause is often a matter of interpretation
by the courts or arbitrators.
Some of the factors that may be examined to determine whether just cause
existed for a disciplinary action or firing include:
- Did the company warn the worker in advance of taking
action?
- Is there a clearly communicated work rule which covers
the conduct and which is reasonable and related to the orderly, efficient
and safe operation of the employer’s business?
- Did the employer investigate before taking action?
- Was the investigation fair and objective? Does the
supervisor serve as prosecutor, judge and witness all rolled into one?
- Is there substantial evidence that the worker is guilty?
- Has the employer been fair and even-handed in its enforcement
of the rule(s) in question? Is there "disparate treatment?"
- Was the degree of discipline related to the seriousness
of the worker’s offense and worker’s prior work record.
