Having a job is a rewarding experience until your employer fires you out of the blue. Was your release considered part of larger layoffs? Are you an at-will employee? Or, were you wrongfully terminated by your employer? If you belong to a union, you cannot be let go unless it is with just cause. This means that you can fight the termination with the help of your union representative. Let’s explore just cause and how to determine if it was used properly in today’s post.
In order for your employer to use just cause in terminating your employment, he or she must pass the following tests:
- Were you warned adequately about your conduct and the consequences you could face?
- Was the rule being enforced by the employer reasonably related to safety or to the efficiency of the company’s operations?
- Before you were disciplined, did management conduct an investigation?
- If an investigation took place, was it objective and fair?
- Did the results of an investigation lead to proof of your guilt or evidence against you?
- Were the rules of the company and the subsequent penalties applied to you without discrimination?
- Was the penalty assessed to you related in a reasonable manner to your prior record and to how serious the offense was that you committed?
If your employer has trouble passing one or more of these tests, you might have a claim for wrongful termination as just cause was not used properly.
Losing your job while in a union is very difficult to understand. If your employer passed the test explained in today’s post, you might not have a claim for wrongful termination. That’s why it’s always important to document all communication with your employer and to seek legal advice from an experienced attorney.
