Arbitrary Or Capricious Definition - Law Insider

Arbitrary or capricious definitionArbitrary or capricious means a decision that is not based on legitimate business needs or that is knowingly false.View SourceBased on 5 documents5Draft with AISplit ViewAI-Powered Contracts

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Get StartedSchedule a DemoArbitrary or capricious means that management determined the rating without regard to the facts, by pure will or whim. An arbitrary or capricious performance evaluation is one that no reasonable person could make after considering all available evidence. If an evaluation is fairly debatable (meaning that reasonable persons could draw different conclusions), it is not arbitrary or capricious. Thus, mere disagreement with the evaluation or with the reasons assigned for the ratings is insufficient to qualify an arbitrary or capricious performance evaluation claim for a hearing when there is adequate documentation in the record to support the conclusion that the evaluation had a reasoned basis related to established expectations.17 However, if the grievance raises a sufficient question as to whether a performance evaluation resulted merely from personal animosity or some other improper motive--rather than a reasonable basis--a further exploration of the facts by a hearing officer may be warranted.View SourceBased on 3 documents3Draft with AIArbitrary or capricious means doing something according to one’s will or whim (as in a sudden, unpredictable change). An action or decision is arbitrary if it is not supported by logic or the necessary facts, or if it is made in the absence of decision-making criteria consistent with USU policy and procedures. An action or decision is capricious if it is adopted without thought or reason, or is irrational.View SourceBased on 2 documents2Draft with AI

Examples of Arbitrary or capricious in a sentence

• See also Non-reappointment; Pay grades; Semester appointments and assignments Arbitrary or capricious actions management rights and, 6 paid administrative leave as, 20 regarding sick leave, 47 regarding suspension or termination, 22 management rights and, 5 of number of credits of service, 38 of objections over agency fees, 10 processing of grievances to, 16, 18 Assignments.

• The Union will not act in an Arbitrary or capricious manner relative to such a request.

More Definitions of Arbitrary or capricious

Arbitrary or capricious means a determination or action done without rational basis, or done in bad faith, or that it constituted disparate treatment, or that it was based on unlawful discrimination.View SourceBased on 2 documents2Draft with AIArbitrary or capricious means without a principled basis or in a manner that substantially deviates from applicable policies.View SourceBased on 2 documents2Draft with AIArbitrary or capricious means without a principled basis or in a manner that substantially deviates from applicable policies. [Policy 6-400 Section I.B]View SourceBased on 1 documents1Draft with AI

Related to Arbitrary or capricious

• Plan Administrator means the plan administrator described in Article 8.

• the Committee means the Committee of Management of the Association referred to in rule 10 (1);

• Discriminatory Change in Law means a Change in Law the terms of which specifically (and not merely indirectly or consequentially or by virtue of the disproportionate effect of any Change in Law that is of general application) apply to:

• Unlawful discrimination means any complaint of unlawful discrimination based on a category protected under Title 5, section 59300, including sexual harassment and retaliation.

• upheld means that a complaint has been finalised wholly or partially in favour of the complainant and that –

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Related Definitions

• Plan Administrator
• the Committee
• Discriminatory Change in Law
• Unlawful discrimination
• upheld