Blackwell Reference Online

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is a policy requiring that dismissal of employees be for a just or good reason. A just cause dismissal policy is best understood in contrast to a strict employment at will (EAW) rule which allows employers absolute discretion to fire an employee. The essence of just cause policies, on the other hand, is to limit the employer's authority to discharge. While there may be many different instantiations of just cause policies, all will address the following: reasons, procedures, and remedies. What constitutes a good or just reason for dismissal is impossible to define exactly in a brief policy or statute. Typically, “just cause” is defined loosely (e.g., as reasonable and job‐related grounds for dismissal) and left to arbitrators or labor courts to define more precisely through their decisions. It is, however, clearly understood that union membership, race, sex, personal bias, political opinions, religion, or ethnicity are invalid reasons; theft, fighting on the job, drug use on the job, excessive absenteeism, or substandard performance are acceptable reasons. There are interesting corollaries of requiring good reasons: (1) If inadequate performance is a valid reason for discharge, then employers must specify what counts as adequate performance. (2) More broadly, a just cause policy must understand “valid reason” as requiring more than an employer's subjective belief, say, that an employee ... log in or subscribe to read full text