Arbitration Cases

Employee found with a Loaded Handgun and Suspected Cocaine in Her Purse

Mary Marino, employed at a company located in Pennsylvania was arrested by the state police at some distance from her company's premises. She was charged by the police on carrying a gun that was found to be loaded. Also, the police found a small quantity of cocaine in her purse. She was released on bail after paying $2,000 after which she advanced to her work place. She worked for two nights at the company, after which she did not show up. Such emergency leaves may be granted by the company after seeking the reason in written. Such leaves may be extended further for the duration of thirty days provided that the employee informs the company in advance during the original first thirty day leaves. But Marino did not show any evidence of her absenteeism. Finally, it was decided by the official that her employment would be terminated as she was behind bars since the last two months. The decision of her termination was argued by the union; according to which there should be a just cause to terminate an employee.

As an arbitrator to this case, my decision is, “Marino shall be sent on suspension rather than termination till the time the investigation is complete, and the final decision by the court is taken”.

This decision has been made on the following grounds of just cause law. According to the Just Cause Law, an employer cannot terminate the employment of a worker without prior notice. This means that an employer is bound to warn the worker of the consequences of any act in which he or she indulges. The employee must be disciplined before the final decision to dismiss the worker is taken. Moreover, proper investigation must be done about the matter. He employer must also view the past records o the employee before making any decision.

“The warning may be given orally or in printed form. An exception may be made for certain conduct, such as insubordination, coming to work drunk, drinking on the job, …”

(www.ueunion.org)

Marino was never found drunk on the workplace. Moreover, she was found away from the company premises. Moreover, According to the statutory rights of employees provided by the Federal law or State law, the employer must ensure to deliver the unemployment insurance, prior notification for the termination, along with any anti-discrimination or anti-retaliation laws. In addition to this letter from employer, the employee has also right to claim the illegal termination if and otherwise not stated by filing a claim to the state department. The state department later on will investigate the incident according to the prescribed labour law, usually done by United State Department of Labor in US. If the employee found guilty, he or she will also lose the chance to claim for the insurance, i.e. unemployment compensation will also be terminated.

Therefore, as an arbiter I must agree with the employer point of view, as according to the management rights act, its exclusively in ...