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Gross misconduct is any unethical and unprofessional behavior an employee engages in. Not only can gross misconduct harm one's relationship with their employer, but it can warrant instant dismissal from their job?even if the behavior is their first offense.
They are called just causes because the termination of employment is justified due to an employee's actions, behavior, or omission, either of which resulted in a serious or grave violation of the law, employment contract, company policies, collective bargaining agreement, and any other employment agreement.
How do you write a termination letter? Gather all the necessary details before writing the letter. ... Start with the basics. ... Provide a specific termination date. ... State the reasons for the termination. ... Indicate any further steps needed on the part of the employee.
Depending on the severity of the misconduct, you may choose to: give the employee a written warning ? dismiss the person with notice or pay in lieu of notice, or ? summarily dismiss the person.
An employee may be fired for various reasons that may include misconduct, fraud and disclosure of confidential information. The 'cause' in this case refers to the reason for discharge from employment which, in most cases, is determined by a written document such as employment contract and company policy.
There are generally no legal restrictions on how either the employer or the employee communicates that termination. As a practical matter, an employer will generally need to let you know that you've been terminated. But, there's technically no notice of termination requirement at all.
Just make sure you document the termination process well, including evidence of the misconduct. Write a letter of termination listing the behavior and reason for firing, and save a copy for your records. This will serve as valuable evidence if you need to prove it later on.
To summarize, for misconduct or improper behavior to be a just cause for dismissal, the following elements must concur: (a) the misconduct must be serious; (b) it must relate to the performance of the employee's duties showing that the employee has become unfit to continue working for the employer; and (c) it must have ...