Protecting Your Rights: Understanding Just Cause
As your representative, SLOCEA is committed to ensuring that your rights are protected and that fair treatment is upheld in all aspects of your employment. One crucial aspect of fair treatment is the principle of "just cause".
Just cause is a standard used to evaluate the grounds for disciplinary actions against an employee. The “Just Cause Test” is a tool used to evaluate the appropriateness of that disciplinary action. The test consists of seven essential criteria that must be met to establish cause for discipline. Understanding each of these criteria and their significance is crucial to ensure the protection of your rights:
Prior Notice: Before facing disciplinary action, employers are obligated to adequately inform employees of the potential disciplinary consequences of misconduct. Employees may be informed of proper and improper conduct through work-sponsored training, or by verbal warnings from a supervisor or manager. It is the employer’s responsibility to ensure that employees are aware of what constitutes misconduct before it happens and the potential repercussions of those actions.
Reasonable Rule or Order: Any rule or order imposed by the County must be reasonably related to the orderly, safe, and efficient operation of business or relate to the behavior and conduct that is expected of employees. This prevents arbitrary or unnecessary restrictions on employees' behavior.
Investigation: Before disciplinary action is taken, the County must make an effort to investigate whether or not an employee violated any rules or orders. Investigations may be carried out by the supervisor, manager, or by Human Resources depending on the severity of the allegations. This crucial step ensures that decisions are based on facts rather than one-sided perspectives, assumptions, or biases.
If an employee is called into a meeting and asked questions which they reasonably believe may lead to discipline, they are entitled to stop the investigation immediately and request that their SLOCEA Representative be present.
Fair Investigation: The investigation must be conducted impartially and objectively, without any preconceived assumptions of guilt or innocence. Employees who were involved in the incident or who have a vested interest in the outcome should never be involved in conducting the investigation. This helps ensure fairness and prevents bias from influencing the outcome.
Proof: There must be substantial evidence or proof to support the allegations against an employee. The burden of proof falls to the appointing authority in administrative disciplinary matters. This means that the employer must show evidence of the misconduct and that it is sufficient cause for discipline. The need for proof prevents unwarranted disciplinary actions based on unfounded accusations.
Equal Treatment: All employees must be treated equitably and without discrimination. This means that rules must be enforced equally for employees across the County. Employers must ensure that their rules are not arbitrary, unjust, or applied to employees unfairly. Equal treatment ensures that disciplinary actions are not influenced by factors such as race, gender, or personal relationships.
Appropriate Penalty: The severity of the disciplinary action must be proportional to the seriousness of the offense and an employee’s overall record of service. An employee with a history of disciplinary issues will be more likely to receive a more elevated punishment in the future. The County operates under the principle of “progressive discipline” however, progressive discipline is subject to the severity of the misconduct. Applying penalties properly helps prevent arbitrary, disproportionate, or excessive punishments.
The Just Cause Test helps ensure due process, prevents employers’ abuse of power, and protects employees against discrimination and unfair treatment. Without one or more of these criteria, just and proper cause likely does not exist. As your union, SLOCEA is here to support you throughout the disciplinary process. If you believe that your rights under the Just Cause Test have been violated, don't hesitate to reach out to our office for assistance.
