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JUST CAUSE CHECKLIST



Personnel and Civil Service polices as well as labor agreements often refer to "just cause," "reasonable cause," or "good cause" as the basis for suspension or termination of employees. Although used frequent, the term "just cause" raises many questions. What is it? How is it established?

"Just cause" is a judgment made after considering a number of related factors. There is no hard and fast rule that certain behavior warrants a specific level of discipline in each and every case. However, asking yourself the following questions should help in determining whether you have just cause for discipline. A "no" answer to one of the following questions may indicate that just cause does not exist. Please remember these are guidelines.

  • Did you give the employee advance warning or knowledge of the possible or probable disciplinary consequences of their conduct?
  • Did you use a progressive disciplinary approach (i.e., start with a low level of discipline and escalate)?
  • Was your rule or order reasonably related to the orderly, efficient and safe operation of the department or agency?
  • Have you made an effort to discover whether the employee did in fact violate or disobey your rule, standard, or order before taking action?
  • Have you applied your rules, standards, and penalties similarly to all your employees in comparable situations?
  • Is the degree of discipline you plan to administer reasonably related to:
  • The seriousness of the employee's offense?
  • The record of the employee's service with the City?
  • Penalties imposed previously in the department and agency in comparable circumstances?

If you can answer "yes" to all of these questions, your action will likely be upheld throughout an appeal process should the employee appeal the action. Remember that discipline should be a progressive, constructive attempt to correct behavior. Termination of an employee should occur when progressive discipline has failed. Only in extreme cases of poor performance or behavior, or where the policies, practices, and standards of the City demand it for certain infractions, will a termination be upheld in the absence of a progressive disciplinary approach.

 
 
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