Quote:
Originally Posted by dissentowner
How can you have a morality clause before being signed to an NHL contract? Sure, if the player had already signed an NHL contract that would be applicable but i think these players would have a strong argument that because they didn't have a contract they should not be suspended. I mean I hope they are suspended for life and it sticks because what they did is terrible, I just think the NHL will have a hard time making the suspensions stick.
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There does not have to be a morality clause in an employment contract in order for an employer to terminate for cause (at least in Canada). Its a high bar to meet, but if an employer can prove that there is a justifiable connection between off-duty conduct and the employer or the nature of the employment, there may be cause for dismissal.
The employer must show that:
the conduct of the employee harms the employer’s reputation or product;
the employee’s behaviour renders the employee unable to perform his duties satisfactory;
the employee’s behaviour leads to refusal, reluctance or inability of the other employees to work with him;
the employee has been guilty of a serious breach of the Criminal Code, which renders his conduct injurious to the general reputation of the employer and its employees; and
continuing to employ the employee will cause difficulty in the way the employer properly carries out the function of efficiently managing its work and efficiently directing its work force.
I didn't do any research on whether the same applies to off-duty conduct committed prior to being hired (but discovered subsequent to being hired). However, looking at the factors (and their purpose), I don't see why it wouldn't.