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The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing.
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
Just cause usually refers to a violation of a company policy or rule. In some cases, an employee may commit an act that is not specifically addressed within the employers' policies but one of which the employer believes warrants discipline or discharge. In such instances, the employer must be confident that they can defend their decision.
Employees entitled to notice under the WARN Act include managers and supervisors, hourly wage, and salaried workers. The WARN Act requires that notice also be given to employees' representatives (e.g., a labor union), the local chief elected official (e.g. the mayor), and the state dislocated worker unit. The advance notice is intended to give ...
The dispute must be disclosed to the employer. If there is a union contract, then the process described in the contract should be followed. If there is no union agreement, then a disagreement with the employer should be discussed directly with government organizations that provide employee protection for the area of the disagreement.
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Employee's refusal to commit an illegal act: An employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. Employer is not following the company's own termination procedures : In some cases, an employee handbook, company policy, or collective bargaining agreement outlines the procedure that must ...
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related to: sample letter for order of protection from employer to employee