Terminating Employees for "Just Cause"

The relationship between “employer” and “employee” is ideally determined up front through a contract or collective bargaining agreement. Absent either of these binding agreements, state employment law prevails. Termination (firing, layoff, outsourcing, etc.) of employment generally falls under two governing principles: “Just Cause”or “Employ at Will.”

The Just Cause standard obligates the employer to provide employees with advance warning or notice if job performance falls below expectations. The employer must share evidence of performance deficiencies with the employee, and show reasonable tolerance if the employee is willing to correct the problem. The penalty should also fit the crime, so a wide range of disciplinary actions (fines, suspension or termination) should be used with good discretion.

Colorado employment law recognizes the employer’s right to “Employ at Will.” This standard accepts that “employment can be terminated,with or without cause, and with or without notice, at any time, at the option of the company or at the option of the employee.”

The Denver Musicians Association is now looking for individuals (YOU?) who are willing to lead a legislative effort to shift state law to the “Just Cause” standard, which is clearly the professional and respectful manner of doing business. We need your personal stories and determined effort to help us make this legislative change. Please click on the following link Download file to view a copy of a resolution in support of Just Cause and strengthened Job Security as recently passed by the board of directors of the Denver Musicians Association.

Please contact Pete Vriesenga at the DMA office (303-573-1717 or pvriesenga@aol.com) if you wish to sign on to this resolution, or if you wish to become personally involved in this important initiative.