Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
5
Issue
1
Date
1/1/1996

Article Facts

Title
The Arbitration of Discipline and Discharge Cases Involving Criminal Activities
DOI
10.2190/B4FX-2W70-3A2P-VL59
Author
Donald J. Petersen
Pages
39-52
Online Date
05/09/2002

Article Links

The Arbitration of Discipline and Discharge Cases Involving Criminal Activities

Donald J. Petersen

DOI: 10.2190/B4FX-2W70-3A2P-VL59

Abstract

Employees involved in criminal activities while off-duty and off-workplace premises pose unique and difficult problems for employers. This article examines sixty-two published arbitration awards over the past ten years to determine arbitral guidelines concerning this important issue. Among other things, it reviews the conditions under which an employer may properly take disciplinary action when criminal activity takes place off-premises and on an employee's own time. It also reviews the requirements for suspending employees pending court resolution of the charges as well as employer liability for back pay should the charges be dismissed. The article further looks at whether or not a court determination of "not guilty" prevents further employer disciplinary action.

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