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Just Cause

A set of standards that must be met to justify the disciplining or dismissal of an employee.
Notice-Did the nurse know what would happen if the nurse broke the rule?
  • There has to be a warning, including saying what will happen if the rule is broken. (Is the rule relevant, updated or published?)
  • It can be announced or in writing. (Evidence that the nurse was notified, aware and understands)
  • A boss putting up with something for a long time and then suddenly punishes someone for breaking the rule is NOT usually considered reasonable. (How long without enforcement, time of prior notice, others disciplined-when/who?)
  • Some rules are so obvious that workers are expected to know that they will be in big trouble even without a warning from the boss (such as drinking at work, stealing, or refusing direct orders).
Reasonable Rule or Work Order-Is the rule important to safe and efficient operations?
  • The more important a rule is, the more reasonable it is to discipline a worker for breaking it.
  • (Is rule straightforward, easily understandable? Is rule consistently unbiasedly applied?)
Sufficient Investigation-Did management investigate before disciplining the worker?
  • When management disciplines a worker and THEN investigates, it looks like they are looking for information to explain what they already did. (Did the discipline come before the investigation?)
  • Bosses are allowed to suspend or fire a worker immediately in serious situations. (Was the union notified in a timely manner?)
  • Management should bring the worker back, with back pay, if the investigation shows that the worker is not guilty or there are other facts to consider. (Employee is made whole)
  • (Why suspect violation? Other witnesses, documents, policies, faulty equipment? Can nurse perform task or need additional training?)
Fair Investigation-Was management fair and objective when they investigated?
  • ​If the boss only looks for information that will prove that a worker is guilty, it's not a fair investigation. (Were selective facts utilized?)
  • Examples include if they refuse to interview witnesses who will back up the worker's story or only interview supervisors.
  • (How long ago was violation? Management unbiased? Reconciled conflicting statements? Allowed representation?)
Proof-Did the investigation show substantial evidence or proof of guilt? 
  • Unlike criminal court, the boss doesn't have to prove his case "beyond reasonable doubt" (Must still be substantial-not flimsy) 
  • Bosses must have real evidence, not just guesses (What evidence supports the conclusions?)
  • The boss can't say that the worker has to prove s/he is innocent – the boss has to show proof of guilt. (Management brought violation)
Equal Treatment-Were rules and orders the same for everyone and the penalty for breaking rules the same?
  • If workers were not treated the same, it is harder for a boss to defend disciplining a worker under a rule. (Discrimination)
  • This is one of the most common ways that bosses are unfair - that certain "picks" get treated better, not expected to meet the same production and not disciplined the same for breaking a rule. (Must be consistently enforced for all with similar records/infractions)
  • Bosses can announce that they have a new rule, or are starting to enforce an old rule - so long as they hold everyone to the rule. (Must give notice)
Appropriate Discipline-Does the discipline consider how serious the situation is and the worker's past record?
  • A worker with a good work history, seniority, and no record of problems should get less discipline, even for the same offense. (Fairness)
  • The kind of rule which was broken should be considered in the level of discipline. 
  • A mistake that put other workers in danger is more serious than a paperwork mistake.
  • (Discipline needs to reasonably relate to violation and record. A minor violation does not merit a harsh discipline)
  • Home
  • Wages-PTO
    • Figure Your Pay Rate
    • Overtime
    • Calculating Seniority
    • Meal-Break Penalties
    • Sick Days-ESL
    • Sick Days SH-PD
    • Figuring Your PTO
    • Prorated PTO
    • Vacation PTO
    • Holiday PTO
  • Leaves
    • Daily Cancellations
    • Kin Care - AB 109
    • FMLA
    • Pregnancy-Bonding
    • CA Pregnancy Leave
    • Lactation Laws
    • Bereavement Leave
  • Discipline-Contract
    • The Law Explained
    • Title 22
    • Alta Bates Contract
    • Nurse Reps
    • Weingarten Rights
    • Start Your Grievance
    • Just Cause
    • Possible Contract Violations
    • ADO
  • Other
    • California Nurses Association
    • History of CNA
    • Cal/OSHA
    • Who to Call
    • Workplace Violence
    • Ratios
    • Save Alta Bates