Labor/Employment
Mar. 2, 2023
Obey now, grieve later: Understanding the offense of insubordination
In employment litigation, whether contested in court or in arbitration, the question whether just cause supports the discipline is of equivalent if not equal importance.
Christopher David Ruiz Cameron
Justice Marshall F. McComb Professor of Law
Southwestern Law School
In labor arbitration, perhaps the most common question raised in discipline cases is whether the employer had just cause - that is, a sound reason - to penalize the employee. The just cause standard is codified in nearly every collective bargaining agreement in the private sector and memorandum of understanding or civil service system in the public sector. The just cause question remains the same whether the penalty meted out is a warning, suspension, demotion, or di...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In