Just Cause Standard Clause Samples
The Just Cause Standard clause defines the specific conditions under which an employer may terminate or discipline an employee, requiring that such actions be based on legitimate, substantiated reasons rather than arbitrary or unfair grounds. In practice, this clause typically outlines what constitutes 'just cause,' such as serious misconduct, repeated violations of company policy, or failure to perform job duties after warnings. By establishing clear criteria for disciplinary actions, the clause protects employees from unjust treatment and ensures that employers follow fair procedures, thereby reducing the risk of wrongful termination disputes.
Just Cause Standard. Except for the dismissal of an Employee serving their probationary period (in which case the standard is suitability), no Employee shall be disciplined without just cause.
Just Cause Standard. No Officer covered by this Agreement shall be suspended, relieved from duty or otherwise disciplined in any manner without just cause.
Just Cause Standard. Disciplinary action shall not be imposed upon an employee except for just cause and shall be commensurate with the offense. Disciplinary action shall be conducted through the recognized line of supervision or their designee(s). Probationary employees may be disciplined and discharged without just cause. Discipline shall be, in general, directed at correcting performance problems. Progressive discipline shall be used in disciplinary matters except in situations when the nature of the offense is cause for immediate discharge, such as serious misconduct, as defined by Employer’s policies. In addition, the Employer may skip steps in the progressive discipline process based upon the seriousness of the offense in accordance with the provisions of just cause.
Just Cause Standard. For the purpose of this article, just cause shall be determined in accordance with the following guidelines:
(a) The employee shall have some warning of the consequences of their conduct, unless the conduct is of such a nature that no prior warning is necessary in the eyes of a reasonable person;
(b) If a rule or order is the subject of the alleged misconduct, it must be reasonable and applied evenhandedly, if appropriate;
(c) The Board must conduct a reasonable investigation;
(d) It must be determined that the employee is guilty of the alleged misconduct or act;
(e) The discipline must be appropriate based on the severity of the misconduct; and
(f) The employee's past employment record shall be considered, if appropriate, based on the severity of the act.
Just Cause Standard. No regular employee shall be disciplined, except for just
Just Cause Standard. No employee may be discharged, suspended without pay
Just Cause Standard. No employee covered by this Agreement shall be disciplined without just cause. Notwithstanding the above, a probationary employee may be disciplined or discharged for any reason, and such discipline or discharge shall not be subject to the grievance/arbitration process of Article VI of this Agreement. The Employer agrees to use its best efforts to follow the tenets of progressive discipline. This procedure does not preclude the Village from bypassing steps when disciplining an employee. The nature, extent and seriousness of the offense will determine the appropriate disciplinary action. All disciplinary matters, except for probationary employees, shall be subject to the grievance procedure in this Agreement, commencing at Step 2, provided, however, oral and written reprimands shall not be subject to arbitration.
Just Cause Standard. The City may discipline, suspend, or discharge an employee for just cause only. Probationary employees are not subject to just cause provisions, and do not have access to the arbitration process in Article 22 when disciplined or discharged.
Just Cause Standard.
(a) The employee shall be warned of the consequences of their conduct, unless the conduct is so serious that the employee is expected to know it will be punishable.
(b) The City’s rule or order must be reasonably related to efficient and safe operations.
(c) Did the City conduct a reasonable investigation before administering discipline?
(d) Was the investigation fair and objective?
(e) Did the investigation produce substantial evidence of guilt?
(f) Were the rules, orders and penalties applied evenhandedly and without discrimination?
(g) Was the penalty reasonably related to the seriousness of the offense and the employee’s past employment record?
Just Cause Standard. No Captain covered by this Agreement shall be suspended, relieved from duty or disciplined in any manner without just cause.