Should bereinstated amendmentbyra6715notretroactive

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Unformatted text preview: e
both
married,
such
behavior
 amounts
 to
 immorality,
 justifying
 his
 dismissal
 from
 employment
 Immortal
conduct
defined
 o Conduct
which
is
so
willful,
flagrant,
or
shameless
as
to
show
 indifference
to
the
opinion
of
good
and
respectable
members
 of
the
community
 o The
 conduct
 must
 be
 grossly
 immoral
 –
 so
 corrupt
 as
 to
 constitute
 a
 criminal
 act
 or
 so
 unprincipled
 as
 to
 be
 reprehensible
 to
 a
 high
 degree
 or
 committed
 under
 such
 Lalay
Abala.
ALS2014B.
Labor
II.
 3. scandalous
 or
 revolting
 circumstances
 as
 to
 shock
 the
 common
sense
of
decency
 • Being
the
spouse
of
a
co­employee
 o The
 failure
 of
 the
 employer
 to
 prove
 a
 legitimate
 business
 concern
 in
 imposing
 the
 policy
 cannot
 prejudice
 the
 employee’s
 right
 to
 be
 free
 from
 arbitrary
 discrimination
 based
 upon
 stereotypes
 of
 married
 persons
 working
 together
in
one
company
 Just
cause:
willful
disobedience
 • In
order
that
the
willful
disobedience
by
the
employee
may
constitute
 a
 just
 cause
 for
 terminating
 his
 employment,
 the
 orders,
 regulations,
 or
instructions
of
the
employer
must
be:
 o Reasonable
and
lawful
 o Sufficiently
known
to
the
employee
 o In
connection
with
the
duties
which
the
employee
has
been
 engaged
to
discharge
 When
 an
 order
 or
 rule
 is
 not
 reasonable,
 a
 refusal
 to
 obey
 does
 not
 constitute
a
just
cause
for
the
employee’s
discharge
 • What
 is
 a
 reasonable
 order/rule
 depends
 on
 the
 circumstances
 of
 each
case
 • Reasonableness
 has
 reference
 not
 only
 to
 the
 kind
 and
 character
 of
 directions
 and
 commands,
 but
 also
 to
 the
 manner
 in
 which
 they
 are
 made.
 The
 employee’s
 disobedience,
 in
 order
 to
 justify
 his
 dismissal
 under
 this
 provision,
 must
 relate
 to
 substantial
 matters.
 Further,
 disobedience
 to
 be
 considered
 willful
 must
 be
 resorted
 to
 without
 regard
to
its
consequences
 • Valid
termination:
employer’s
policy
enforceable
despite
union’s
 objection
(GTE
Directories
Corp.
v.
Sanchez)
 o 14
sales
reps
refused
to
submit
the
reports
required
by
the
 company’s
 sales
 policy,
 which
 policy
 was
 being
 objected
 to
 by
 the
 union.
 While
 the
 dispute
 was
 under
 conciliation,
 the
 employer
 proceeded
 with
 the
 dismissal
 of
 the
 disobedient
 sales
representatives
 o It
 does
 not
 follow
 that...
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This document was uploaded on 03/11/2014.

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