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JUST CAUSE <br /> 1. Notice -Did the employer give the employee forewarning of employment and <br /> work rules and the possible consequences of violating them? <br /> i <br /> An employee has an obligation to obey the orders and rules issued by the employer <br /> and to perform at or above specified minimum performance standards. An employee <br /> also has duties which are often not incorporated in rules because they are implied <br /> duties of the employment relationship. The employee's common sense should tell <br /> him/her that the conduct is unacceptable and no formal written or oral notice is <br /> required. Violation of these duties may, even absent a rule, result in discipline. Such <br /> possible charges include: <br /> a. Neglect of duties such as absence without permission, excessive absenteeism, <br /> or sleeping on the job. <br /> ~ b. Illegal or socially unacceptable behaviors such as selling or possession of <br /> drugs, or illegal gambling. <br /> ~ c. Non-performance of job duties, e.g., incompetence and inefficiency. <br /> d. Insubordination. <br /> e. Disruptive relations with co-workers or others, e.g., threats, violence, <br /> unauthorized possession of weapons, or sexual harassment. <br /> f. Lying and falsification adversely affecting the employment relationship. <br /> g. Theft or willful destruction of property. <br /> All other rules require notice. No particular method of notice is required; the key is <br /> whether the employee is aware of it, or should have been, and the employer can prove <br /> .that fact. There should also be a clear notice of consequences. <br /> If you as a supervisor feel that there is any possible ambiguity from an employee's <br /> point of view concerning the employee's obligations, it would be wise to promulgate a <br /> rule. <br /> <br /> -I~ <br /> In the case of a few rules, it may also be wise to indicate in advance the seriousness <br /> of the offense of violating the rule if it is of particular importance to you and such <br /> seriousness is not obvious to the employee. <br /> Problems arise if there is inconsistent enforcement. Change in existing rules or more <br /> stringent enforcement requires clear and express notice. <br /> 2. Reasonable Rules and Orders -Was the rule, order, or performance standard <br /> reasonable and related to the orderly, efficient, and safe operation of the <br /> employer's business and related to performance that the employer might <br /> properly expect of its employees? <br /> An employee who believes a rule or order is unreasonable or improperly promulgated, <br /> must nevertheless follow it unless there is reasonable belief that doing so would <br /> seriously and immediately jeopardize personal safety or personal integrity or violate <br /> the law. <br /> 4 <br /> _ _ <br /> <br />