Off Duty Misconduct

ocymca · December 2002

The front page of local newspaper contains story about one of our employees who pled guilty to arson, tampering with witness. Sentenced to one year probation and fines. Employee is a minor, 17 yrs. old. Employee works in one of our child care programs as a counselor. His supervisor wants to terminate his employment with us because he is not a good role model for the children he is supervising. Parents are complaining that we should terminate his employment with us immediately.

Legally, can we terminate his employment?

pecohr · December 2002

Are you in an "employment at will" state? I don't know the answer to this one but can certainly identify with the parents. That tampering with witnesses part sound very scary as it could mean anything from bribery to threats on ones life. I think that I would remove this individual from his/her responsibility to oversee children at the very least.

I too will be curious about other responses.

Good Luck,
Stuart

ocymca · December 2002

thanks for your comments. we are in NJ - we are an employment at will state.

Hatchetman · December 2002

[font size="1" color="#FF0000"]LAST EDITED ON 12-13-02 AT 05:37PM (CST)[/font][p]Legally, you probably can. What state are you in? "At-will" may be a basis, but there also may be other provisions in your state's laws that address convictions (guilty pleas) and employment that should be checked out. Since he works with children, I would think your state licensing agency may have some very definite standards.

Check out your policy on discharges. Second, look at the type of work that is done and what connection there is to the gulity pleas/convictions for the particular offenses. Third, do you really state in your job description or recruitment annuonccment that "employees at all times must be an absolute role models for the children", or even make that expectation known? That is the poorest reason for firing someone.

If the guilty pleas/convictions for these crimes render him no longer trustworthy to work with childern (i.e., he is unsuitable for the job), then fire him. But I doubt that "not being a good role model" is something you want to base a discharge on. Would you fire an employee who drinks alcohol or smokes cigarettes because he was a poor role model?

A final possibility, as self-serving as it may sound, is to consider the negative impact the publicity of his guilty pleas/convictions has on your agency. The facts that the news article about the pleas appeared on page one of your local paper (probalby identifying his connection to the agency) and the parents are raising hue and cry for his termination would indicate general public knowledge of the convictions and the possible loss of support from the community. That would be another justifiable reason if you had to identify one for your agency.

ocymca · December 2002

thanks for your comments. we are in NJ - employment at will state. I agree that "role model" is not something we want to hang our hats on. We will look into the state licensing requirements and see if there are any regulations concerning employees convicted of felonies or misdemeanors.

Theresa Gegen TX · December 2002

If this person did pled guilty to the crimes "Arson" and "witness tampering", I can't see how this person could be a role model for other young people. Those are serious crimes.

But you need to make sure the story in the paper was true and that it was the same person.

Good Luck!

SandiF · December 2002

This person needs to go. I'm sure you had to do a background check on him before allowing him to work for you, right? You would not have hired him if this had happened before he was hired, I'm sure. Anyone who works with children has to meet certain requirements and I don't think he passes. You can certainly check your state laws on that. And, I can't imaging the agency you work for would want this type of person supervising children. Parents are going to start pulling their kids out of this daycare if he is allowed to stay. I would. I know you have to worry about the law, but to me, there's no doubt you should let him go. What jury would not understand and agree with that?

Parabeagle · December 2002

If you are an employment-at-will state, I would run, not walk, this individual to the nearest exit. Despite the fact you are probably on sound footing to terminate the individual based upon the nature of the off-duty conduct, you may face a lawsuit by the parents if you continue to retain him under some sort of negligent hiring theory.

Off Duty Misconduct

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