Employment Law Practice Exam

Which factors are required to establish just cause for a termination?

1. Notice of termination

2. Expert witness testimony

3. Proof of a known rule violation and due process

4. Justification only based on performance reviews

The correct answer is: Proof of a known rule violation and due process

To establish just cause for a termination, it is essential to demonstrate a proof of a known rule violation and due process. This means that the employee must have been made aware of the rules or standards they are expected to follow, and there must be clear evidence that those rules were violated. Due process ensures that the employee has been treated fairly throughout the disciplinary process, which generally includes an opportunity to respond to any allegations and a fair investigation of the circumstances surrounding the alleged misconduct. This approach prevents arbitrary or unjust dismissals and safeguards the rights of the employee. Establishing just cause is critical in various legal contexts, particularly in unionized environments and under certain employment contracts, where the terms of employment specifically outline the necessary grounds for termination.