Just cause is the dismissal or termination of an employee with good reason. Just-cause dismissal (also referred to as sufficient cause) can be based on any of four reasons: unsatisfactory performance, lack of qualifications, changed requirements for the job, or misconduct. Unsatisfactory performance is failure to do the job as expected. It can include excessive absenteeism, tardiness, or failure to meet the job requirements. Human Resource professor Gary Dessler adds unsatisfactory performance can also be claimed when an employee displays an �adverse attitude toward the company, supervisor, or fellow employees.� Lack of qualification for a position exists when an employee diligently attempts to perform the job but is unable to do so. Changed job requirements as a basis for dismissal occurs when the needed tasks change or are eliminated. Workers who become unemployed due to changing job requirements are referred to as structurally unemployed. Misconduct, which is usually defined as deliberate violation of the employer�s rules, can include theft and insubordination. Insubordination is often used as a basis for just-cause dismissal of employees. Author Gary Dessler lists a variety of employee actions that can be labeled as insubordination:
� direct disregard for the employer�s authority
� refusal to follow a supervisor�s orders
� deliberate defiance of clearly stated company rules and policies
� public criticism of the employer
� blatant disregard for the supervisor�s reasonable instructions
� disregard for the organizational chain of command
� participation in efforts to undermine and remove the supervisor
Just-cause dismissal contrasts with WRONGFUL DISCHARGE, dismissal that does not comply with laws or contractual arrangements between the employer and employee. Union CONTRACTs state the procedures and bases for employee dismissal in great detail. In nonunion workplaces, employee manuals, employment contracts, and promises between the employer and employee define just-cause dismissal. WHISTLE- BLOWER laws protect employees from wrongful discharge, but workers who engage in whistle-blowing often are dismissed, suffer ruined reputations, and spend years attempting to gain redress in the legal system. Just-cause dismissal also contrasts with EMPLOYMENT (or termination) at will, a common legal doctrine in the United States, allowing either employers or employees to terminate a work agreement for any reason. State and federal laws vary, limiting termination-at-will doctrine in many situations.