NCJ Number
65532
Journal
DAYTON LAW REVIEW Volume: 4 Issue: 2 Dated: (1979) Pages: 283-294
Date Published
1979
Length
12 pages
Annotation
THE ARTICLE EXAMINES THE LEGAL ASPECTS OF A MANDATED GRACE PERIOD TO ALLOW ARRESTED EMPLOYEES AND EMPLOYERS TO EVALUATE THE SITUATION BEFORE A JOB IS TERMINATED.
Abstract
ALTHOUGH THIS CONCEPT IS ADMITTEDLY SPECULATIVE, IT WOULD EMPHASIZE SOCIETY'S COMMITMENT TO THE PRESUMPTION OF INNOCENCE OF THE ACCUSED AND HELP THE ARRESTEE'S ECONOMIC SITUATION. THE PROPOSED STATUTE WOULD PROHIBIT EMPLOYERS FROM DISCHARGING EMPLOYEES WHO HAD WORKED FOR A MINIMUM PERIOD UNTIL A COOLING OFF PERIOD HAD TRANSPIRED. AN EMPLOYEE COULD BE SUSPENDED, BUT COMMUNICATION BETWEEN THE TWO PARTIES WOULD BE REQUIRED TO ESTABLISH REASONS FOR TERMINATION OR RETENTION. FEDERAL REGULATIONS HAVE IMPOSED COOLING OFF PERIODS AND SUPPORTED REEMPLOYMENT RIGHTS FOR WORKERS WHO UNDERTAKE MILITARY SERVICE OR STRIKES. EMPLOYEES WITH WRITTEN CONTRACTS HAVE SOME LEGAL PROTECTION AGAINST DISMISSAL, BUT INDIVIDUALS WHO WORK UNDER AN INFORMAL ARRANGEMENT HAVE NO PROTECTION. COLLECTIVE BARGAINING AGREEMENTS USUALLY STATE THAT AN EMPLOYEE MAY BE DISCHARGED FOR GOOD CAUSE AND THAT SENIORITY IS FORFEITED IF AN EMPLOYEE IS ABSENT WITHOUT REASONABLE CAUSE. LABOR LAW AUTHORITIES MAINTAIN THAT ARREST FOR A CRIME IS NOT CAUSE FOR DISCHARGE UNLESS THE OFFENSE WAS COMMITTED AGAINST THE COMPANY OR FELLOW EMPLOYEES. PUBLIC EMPLOYEES ARE PARTICULARLY VULNERABLE SINCE THEY CAN BE REMOVED IF THEIR ARREST IS DEEMED DETRIMENTAL TO THE EFFICIENCY OF THE SERVICE. ALTHOUGH THE COOLING OFF STATUTE COULD POSE PROBLEMS FOR THE EMPLOYER INVOLVING WAGES, BENEFITS, AND SUBSTITUTE HELP, IT SEEMS UNLIKELY THAT A PERIOD OF 30 DAYS WOULD IMPOSE A SIGNIFICANT BURDEN. FOOTNOTES ARE INCLUDED. (MJM)