Just Cause Standards Clause Samples
The Just Cause Standards clause defines the specific conditions under which an employer may terminate or discipline an employee. Typically, this clause outlines what constitutes 'just cause,' such as misconduct, poor performance, or violation of company policies, and may require a fair investigation or documentation before action is taken. Its core function is to protect employees from arbitrary or unfair dismissal, ensuring that employment actions are based on legitimate, clearly defined reasons.
Just Cause Standards. For the purpose of this Agreement, 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.
c) The Agency must conduct a reasonable investigation.
d) It must be determined, by a preponderance of evidence, that the employee is guilty of the alleged misconduct or act.
e) The discipline must be appropriate based on the severity of the misconduct or the actual or likely impact the misconduct has or would have on the employer's operation.
f) The employee's past employment record shall be considered, if appropriate, based on the severity of the act.
Just Cause Standards. For the purpose of this Agreement, just cause shall be determined based on the following questions:
a) Did the City give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee's conduct?1
b) Was the City's rule or managerial order reasonably related to a) the orderly, efficient or safe operation of the City's business; and b) the performance the City might properly expect of the employee?
c) Did the City, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?
d) Was the City's investigation conducted fairly and objectively?
e) At the investigation, did the City obtain substantial and compelling evidence or proof that the employee was guilty as charged?
f) Has the City applied its rules, orders and penalties evenhandedly and without discrimination to all employees?
g) Was the degree of discipline administered by the City reasonably related to a) the seriousness of the employee's proven offense; and b) the record of the employee and his/her service with the City?
Just Cause Standards. For the purpose of this agreement, just cause shall be determined in accordance with the following guidelines:
a) The employee shall have warning of the consequences of the employee’s 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, with variations allowed based on the actual situations of the alleged misconduct.
c) The City 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 and applied in an evenhanded manner based on the severity of the misconduct or the actual or likely impact the misconduct has or would have on the employer's operations.
f) The employee's past employment record shall be considered, if appropriate, based on the severity of the act.
Just Cause Standards. For the purpose of this Agreement, just cause shall be determined in accordance with controlling arbitral precedent which include and are not limited to:
A. The employee shall have some warning of the consequences of their conduct, unless the conduct is of such 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 County must conduct a reasonable investigation.
D. It must be determined, by a preponderance of evidence, that the employee is guilty of the alleged misconduct or act.
E. The discipline must be appropriate based on the severity of the misconduct or the actual or likely impact the misconduct has or would have on the County’s operation and other relevant factors.
F. The employee’s past employment record shall be considered.
Just Cause Standards. For the purpose of this Agreement, just cause shall be determined in accordance with the following guidelines:
A. The employee shall have 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, with variations allowed based on the actual situations of the alleged misconduct.
C. The City 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 and applied in an evenhanded manner based on the severity of the misconduct or the actual or likely impact the misconduct has or would have on the employer's operations.
F. The employee's past employment record shall be considered, if appropriate, based on the severity of the act. The above guidelines shall not preclude the Association from raising other issues appropriate to defend employees in an arbitration setting.
Just Cause Standards. For the purpose of this Agreement, except for sworn police employees, just cause shall be determined in accordance with the following guidelines:
A. The employee shall have 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, with variations allowed based on the actual situations of the alleged misconduct.
C. The City must conduct a reasonable investigation.
D. It must be determined that the employee has engaged in the misconduct or act.
E. The discipline must be appropriate and applied in an evenhanded manner based on the severity of the misconduct or the actual or likely impact the misconduct has or would have on the employer’s operations.
F. The employee’s past employment record, that has been documented, shall be considered, if appropriate, based on the severity of the act. For sworn police employees, “just cause” for discipline shall be determined in accordance with HB 2930 (2021).
Just Cause Standards. For the purpose of this Agreement 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 County must conduct a fair and reasonable investigation.
D. It must be determined that the employee is guilty of the alleged misconduct or act.
E. Discipline normally will be imposed in a progressive and corrective manner. The discipline must be appropriate based on the severity of the misconduct or the actual or potential impact the misconduct has or would have on the employer's operation.
F. The employee's past employment record shall be considered, if appropriate, based on the severity of the act.
G. The County shall apply rules and disciplinary action evenly and fairly, recognizing that some misconduct is so egregious that no employee can reasonably rely on past treatment for similar offenses as a justification or defense to discharge or other discipline. The County further has the right to change disciplinary policies at any time, notwithstanding prior practices, if the County gives reasonable advance notice to affected employees and the change does not otherwise violate the collective bargaining agreement.
Just Cause Standards. For the purpose of this agreement, 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 City 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;
F. The employee’s past employment record shall be considered, if appropriate, based on the severity of the act. This section shall not apply to the termination of any employee on probation, as defined by Article 18 – Probationary Period, 18.1 New Employees, of this Agreement.
Just Cause Standards. Formal disciplinary actions will be subject to the traditional principles of just cause, such as:
A. The employee has been placed on notice of the consequences of the employee’s conduct, unless the conduct is of such a nature that no prior warning is necessary.
B. The rule violated is job-related.
C. The County conducted a reasonable investigation.
D. Misconduct has been established.
E. The discipline is appropriate based on the severity of the misconduct, and the discipline imposed is consistent with any other similar situations, if any.
F. The employee’s past employment record shall be considered, if appropriate. An arbitrator shall apply the tests of just cause applicable to a given discipline situation, and shall rely on such just cause definitions as the arbitrator deems appropriate based on the contentions of the parties.
Just Cause Standards. For the purpose of this Agreement just cause shall be determined in accordance with the following guidelines: