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Therefore, the employment of the police officer must always be controlled by a strict standard of just cause.Ī related standard is the "effects" prong of the Just Cause analysis. For example, a police officer has no lawful justification for arresting someone simply because that person may later be injured or killed if convicted of the officer's actions. Under Just Cause, a reasonable person would find it "harmful" for the employer or employee to do what is complained of, either to themselves or someone else, if that conduct causes harm to another individual who is not a co-worker, family member, or close friend. In other words, the mere presence of an employee or union at a work site does not establish that the activity in question actually occurred.Īnother important aspect of the Just Cause standard is the "harm" element attached to the actions of the employees or the employers.
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If the defendant cannot reasonably satisfy this burden of proof, the court must vacate and/or enjoin the conduct complained of, whether or not the other party involved consented to the alleged activities. Under this standard, if an employee or union leader files a complaint against another individual or organization for violation of his rights under the FDCPA, the burden of proof lies with the defendant to prove that the activity in question did not occur. labor law litigation which is utilized in employment contract disputes in the United States, specifically in U.S. Just Cause is an increasingly common standard in U.S.