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| Tims Missouri Employment Law By Attorney Tim Willoughby http://www.timslaw.com |
| WHATS UP MAGAZINE IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED whatsupstl.com |
| "It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation". Feb. 11, 2003 By Anthony M. Streckfuss |
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| Preventing Lawsuits for Wrongful Termination By Norman H. Kirshman Persons whose employment status is "at-will" and who: are not covered by an anti-discrimination statute; do not have an oral, written, expressed or implied contract; have not been terminated in violation of public policy; or were not terminated in violation of a whistle-blower statute, do not implicit a wrongful discharge problem. However, it is obvious by the description few if any employees will meet this criteria. FindLaw.com |
| JUST CAUSE Just Cause: Disciplinary action is part of the supervisory communication process and is meant to be corrective in nature. Disciplinary action must never be arbitrary or capricious. In other words, discipline must be "for Cause". |
| Just Cause One of the most important differences between working in a union and a non-union workplace is that union members have contractual protection from unfair disciplines, including termination. Non-union employees have no such protection; they are "at will" employees who can be terminated at any time for any reason. What Is Just Cause |
| WITH "JUST CAUSE" FIRE TROUBLEMAKERS Problem: you have a real trouble-maker in your organization, but you are afraid to fire him for fear he may take you to court for wrongful dismissal. Business Times |
| Employers Must Have "Just Cause" for Discipline Many grievances result from disciplinary actions. Employers have the right to discipline employees for misconduct, but they must do so within limits set by law and legal precedent. Boilermakers |
| Administer Discipline for Just Cause Disciplinary action is part of the supervisory communication process and is meant to be corrective in nature. Disciplinary action must never be arbitrary or capricious. In other words, discipline must be "for cause". These questions will help you determine if there is cause for disciplinary action. A "no&" answer to any of the following questions normally signifies that just cause does not exist. Just Cause |
| Steward Notes Just Cause Basics In most discipline and discharge cases, the seven tests of just cause standards may apply. It is important to note, however, that not all arbitrators follow these standards. As scholars of arbitration have notes, the tests should never be viewed as a rigid formula for determining just cause. The following information, therefore, is intended to serve as a guide for employing the seven tests of just cause for stewards handling discipline and discharge grievances. UMC Labor Education Program |
| The Seven Tests Does the Employer Have Just Cause? Our main contractual weapon in discipline and discharge cases is usually the requirement that boss must have "just cause" (or "fair cause" or "proper cause") to take action against an employee. Even if these words are missing from the contract, many arbitrators use this standard, anyway. Just Cause |
| Just What Is Just Cause? While the interpretation of what is "just cause" necessarily varies from case to case, one arbitrator has listed these seven tests for determining whether an employer had just cause for disciplining an employee. A "no" answer to any one of the following questions would indicate that the employer's actions were arbitrary, capricious, unreasonable, or a discriminatory act and, without just cause. Just Cause |
| An Employer's Perspective on Termination of Employment Where an employer has "just cause" to terminate an employment relationship, there is no requirement to give notice to the employee and the termination may take effect immediately. Resources |
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