What are the 7 tests of just cause?
Asked by: Adelia Fisher | Last update: February 12, 2026Score: 5/5 (57 votes)
The 7 Tests of Just Cause, established by Arbitrator Carroll Daugherty, are a standard for evaluating workplace discipline, requiring an employer to prove all seven conditions for a firing or punishment to be upheld: (1) Notice, (2) Reasonable Rule, (3) Investigation, (4) Fair Investigation, (5) Proof, (6) Equal Treatment, and (7) Penalty Reasonableness, ensuring fairness from warning to punishment.
What are the seven tests?
The document outlines seven tests for determining whether an employer had just cause for issuing discipline to an employee: 1) adequate warning, 2) reasonableness, 3) completeness of investigation, 4) objectivity of investigation, 5) proof of infraction, 6) uniformity of rules application, and 7) reasonableness of ...
What are the steps of just cause?
These are the seven steps of just-cause discipline:
- Reasonable Rule or Work Order. Is the rule or order that has been violated reasonably related to the orderly, efficient, and safe operation of the business?
- Notice. ...
- Sufficient Investigation. ...
- Fair Investigation. ...
- Proof. ...
- Equal Treatment. ...
- Appropriate Discipline.
What is Section 7 of the National Labor Relations Act?
Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other ...
How to prove just cause?
Proving Just Cause: Employer's Burden
An employer must establish that the employee's misconduct was so severe that it fractured the employment relationship beyond repair. This burden of proof is not an easy one to meet. The employer must first provide clear evidence of the employee's misconduct.
What is "Just Cause"? (The 7 Tests) | Union Facts Friday Episode 11
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.
What is the 3 month rule in a job?
The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI).
Can an employee refuse to answer questions in an investigation?
Employees have a right to answer, or not answer, any HR investigation questions. All that you can do is ask the question. You should not pressure them to “tell you everything” or answer something they already told you they don't want to.
What is the Weingarten rule?
Weingarten rights allows employees to have union representation at investigatory interviews. The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 ).
What is the item 7 of Schedule 8 of the Labour Relations Act?
Item 7 of Schedule 8 emphasizes the importance of considering alternative measures to dismissal when dealing with employee misconduct. It promotes the principle of progressive discipline, which encourages employers to impose disciplinary measures that are appropriate and proportional to the severity of the misconduct.
What is fired for just cause?
When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. A person terminated for just cause is generally not entitled to notice severance, nor unemployment benefits depending on local laws.
What is the newest just cause?
Just Cause 4 is the latest PC and console game in the Just Cause series, released on December 4, 2018.
What are the 3 C's of discipline?
The "3 Cs of Discipline" vary by context, but commonly refer to Clarity, Consistency, and Consequences for parenting/behavior, focusing on clear rules, steady enforcement, and logical outcomes. Other versions include Connection, Communication, and Capability for building skills, or Cooperation, Conflict Resolution, and Civic Values in educational settings.
What are the 7 steps of just cause?
The Seven Tests of Just Cause
- Fair Notice. An employer may not discipline an employee for violating a rule or standard whose nature and penalties have not been made known. ...
- Prior Enforcement. ...
- Due Process. ...
- Substantial Evidence. ...
- Equal Treatment. ...
- Progressive Discipline. ...
- Mitigating and Extenuating Circumstances.
What are the seven testing principles?
The 7 principles of software testing, defined by ISTQB, guide effective testing: Testing shows the presence of defects, not their absence; Exhaustive testing is impossible; Early testing saves time and money; Defects cluster together; Beware the pesticide paradox (repeated tests lose effectiveness); Testing is context-dependent; and the absence-of-errors fallacy (finding no defects doesn't mean the system is useful).
What is the 7 minute rule for the Fair Labor Standards Act?
However, an employer may violate the FLSA minimum wage and overtime pay requirements if the employer always rounds down. Employee time from 1 to 7 minutes may be rounded down, and thus not counted as hours worked, but employee time from 8 to 14 minutes must be rounded up and counted as a quarter hour of work time.
What is the hot stove rule?
The Hot Stove Rule establishes four principles: immediate feedback, fair warning, consistent consequences, and impersonal application.
Can a union employee be fired without warning?
Most employees have at-will employment, and employers can fire workers for any non-protected reason. However, union members have collective bargaining agreements (CBAs) that determine when employees can fire a worker. For most union members, employers can only terminate employment based on a “just cause” standard.
What is the 7 minute rule for federal employees?
The "7-minute rule" for federal employees (and most private sector workers) allows employers to round time punches to the nearest quarter-hour (15 minutes) for payroll, but it must be applied neutrally, not systematically favoring the employer; punches within 7 minutes of a quarter-hour (e.g., 8:00-8:07) round down to that quarter-hour (8:00), while punches 8 minutes or later (e.g., 8:08-8:14) round up to the next (8:15), ensuring employees aren't consistently underpaid for actual work time under the Fair Labor Standards Act (FLSA).
What not to say to HR?
The general rule is don't bring your everyday complaints to HR. They're not there to make your job better or easier and they might fire you simply because they don't want to hear it. This is usually legal.
What is silent retaliation?
Silent retaliation, or quiet retaliation, is a subtle, covert form of punishment in the workplace, often occurring after an employee speaks up about unfair treatment, involving actions like exclusion from meetings/emails, being given less desirable work, withholding resources, unfair negative reviews, or being micromanaged, all designed to make the employee feel isolated and potentially quit without overt firing, making it hard to prove.
What are the three C's of interview questions?
The "3 Cs" of interview questions often refer to Competence, Character, and Chemistry (or Cultural Fit), a framework to assess if a candidate can do the job (Competence), will do it right (Character/Values), and will work well with the team (Chemistry). While these are popular, other variations focus on the interviewer's traits, like Credibility, Competence, and Confidence, or candidate presentation elements like Confidence, Content, and Communication.
What is the 70 rule of hiring?
The 70% rule of hiring is a guideline suggesting you should apply for jobs or hire candidates if they meet about 70% of the listed requirements, focusing on trainable skills and potential rather than a perfect match, which often leads to better hires by bringing fresh perspectives and fostering growth, while also preventing paralysis by analysis for both applicants and recruiters. It encourages focusing on core competencies, transferable skills, and a candidate's eagerness to learn the remaining 30%.
Can a job fire you in the first 90 days?
In most U.S. states, employment is at-will, which means an employer can terminate an employee at any time, with or without cause, as long as it's not for discriminatory reasons. This could happen during the 90-day probationary period, or any time after the probation as well.
What is the 30-60-90 rule?
The "30-60-90 rule" refers to two main concepts: a special right triangle in geometry with angles 30°, 60°, 90° and sides in the ratio x∶x3∶2xx colon x the square root of 3 end-root colon 2 x𝑥∶𝑥3√∶2𝑥, and a professional development/onboarding framework that breaks down the first three months in a new role into learning (days 1-30), contributing (days 31-60), and leading/optimizing (days 61-90). It also appears as a productivity technique for structuring a morning (30 mins journaling, 60 mins exercise, 90 mins deep work) or a plan for settling into a new home.