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Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security. Typically, an employer must prove just cause before an arbitrator in order to sustain an employee's termination, suspension, or other discipline.
Implied contract: In some situations a court might find an implied contract of employment that restricts the employer's ability to terminate an employee without cause. For example, the terms of an employee manual may support an employee's claim that the employer must follow a defined disciplinary process prior to termination.
Suspension is a punishment in sport where players are banned from playing a certain number of future games. These suspensions may be issued for severe infractions of the rules of play (such as personal fouls), excessive technical, or flagrant fouls for the duration of a season, fights during the course of the game in which the player was a part of the wrongdoing, or misconduct off the field ...
Typically, the first way to claim constructive dismissal involves an employer making substantial changes to the employment contract, such as: a demotion; altering the employee's reporting structure, job description or working conditions; lowering an employee's compensation; changing hours of work; imposing a suspension or leave of absence; and
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 .
In a 13-page letter to Michigan athletic director Warde Manuel detailing the reasons for the action against Harbaugh and Michigan, ... In its statement Friday announcing Harbaugh's suspension, the ...
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An employer could avoid a redundancy payment by dismissing for misconduct during the notice period, but only for a repudiatory breach, which effectively means the employee would have acted as if he has torn up the employment contract, e.g. by going on strike, emptying the company safe or punching out the managing director.
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