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  Oracle Tips by Burleson

Just-Cause

‘Just-cause’ defines a situation in which an employer must have a reason that is fair, in accordance with a requirement of proof, to fire an employee. ‘Proof of cause’ is an essential burden of the employer in the defense of most wrongful-discharge lawsuits. This proof must be clear and convincing without any doubt as to the conviction of evidence.

In employment termination cases that do not involve offenses requiring immediate dismissal, a good IT manager will attempt to work with the offending employee to resolve the issues, short of firing. However, there are limits to how long an employee should be allowed to follow a path that degrades team dynamics and performance.

Some reasons that have been successfully tried with ‘proof of cause’ regarding employee termination include:

  • Poor job performance

  • Abusing work-hours  and attendance rules

  • Theft

  • Improper use of company resources 

  • Harassment

  • Willful disobedience  (insubordination )

  • Alcohol and illegal drug use at work

  • Fraudulent credentials


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm


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