The employee manual states that
employees will be discharged only for good cause. The employees were discharged for allegedly threatening violence against another employee. The discharged employees deny having made the threats. The issue is what constitutes “just cause” and who decides whether the facts constitute “just cause.”
In the absence of any evidence of express or implied agreement whereby the employer contracted away its fact-finding prerogative to some other arbiter, the court will not infer it. Employer may act on its own determination of the facts as to whether or not “just cause” existed.
DISSENT: It is dangerous to rely on the findings of the employer only (even if must act in good faith) and not provide the employee with any other means of redress (makes the K illusory).
• Most court hold that the reasonableness/just cause of the termination should be determined by a judge or jury and not one of the parties.
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