What Is A "Just Cause" Checklist

Many employers believe that their employees are employed "at will" and can be fired whenever management feels like it. However, the truth is that federal and state statutes offer some form of protection to virtually every employee. If employees are taken for granted and treated as disposable assets, the result can be a real nightmare for employers.

Before employers decide to discipline or discharge an employee, they should ask themselves the following seven questions (the "just cause" checklist).

1. Did the employer put the employee on notice of any applicable rules and possible consequences of violating the rule(s)?
2. Was the employer's rule or work order reasonable as to what the employer might properly expect of the employee?
3. Did the employer make an effort to investigate (both sides of the issue) as to whether the employee did violate any rules?
4. Was any investigation fair and objective?
5. Was there any proof of misconduct?
6. Has the employer given equal treatment for similarly situated employees?
7. Was the level of discipline an appropriate penalty?

While these seven questions do not constitute a recognized legal standard, honest "yes" answers to all seven questions can establish a solid framework for going forward. The more "no" answers, the greater the risk of liability. The bottom line is to think before you act in imposing discipline or taking other action (including termination).

Comments

[Dianne]

suggestions for some legal councel for bank employee and the time period for legal ramification.

[Debbie]

Can a employer put in the employees
termination papers the reason they
terminated the employee and then tell unemployment a different reason for the
termination?

[Cindy]

My daughter was terminated via phone message from her employer, she called in sick and talked to her supervisor, she was not on writen warning nor had she been counsled. However, in the message they stated she had been late, please note that her supervisor does not get to work each day before 8:20 am, this company also will not hire an african american as due to the owners dislike, do you think that we could file a wrongful termination suit against them? and also report the issue of not being a equal employer

[Wes]

Must an employee remain on the job if profanity by the employer has been used inappropriately and for no just cause?

[manuel a maldonado]

does the just cause law help njea emplyees without tenure