CRIME, JOB RETENTION AND JUSTICE SYSTEM CLIMATE - A COOLING OFF PERIOD FOR ARRESTED EMPLOYEES (FROM 'CRIME AND EMPLOYMENT ISSUES' - A COLLECTION OF POLICY RELEVANT MONOGRAPHS, 1978, BY LEON LEIBERG - SEE NCJ-47674)

• NCJ Number: 47685
• Author(s): D L SKOLER
• Date Published: 1978
• Length: 12 pages
• Corporate Author: American University
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE LEGALITY AND OPERATIONAL IMPLICATIONS OF LAWS REQUIRING EMPLOYERS TO HONOR A 'COOLING OFF' PERIOD DURING WHICH THEY MAY NOT FIRE AN EMPLOYEE ACCUSED OF CRIME IS CONSIDERED.

Abstract

STATE OR MUNICIPAL COOLING OFF LAWS WOULD PROTECT THE EMPLOYMENT POSITION OF THE ARRESTED DEFENDANT BY ESTABLISHING A TEMPORARY (15 TO 30 DAYS) PERIOD DURING WHICH THE EMPLOYER MAY SUSPEND THE EMPLOYEE AND SALARY PAYMENTS BUT NOT TERMINATE EMPLOYMENT. THE PURPOSE OF THE PROPOSED COOLING OFF PERIOD IS TO ALLOW TEMPERS TO SUBSIDE, ALTERNATIVES TO BE EXAMINED, AND DUE CONSIDERATION TO BE GIVEN TO THE DESIRABILITY OF DISCHARGING THE EMPLOYEE. THE ANALYSIS COVERS THE FOLLOWING: (1) THE LEGALITY OF GOVERNMENT INTERFERENCE WITH THE EMPLOYMENT CONTRACT; (2) LABOR UNION INTERESTS (E.G., HOW COOLING OFF LAWS MIGHT AFFECT COLLECTIVE BARGAINING AGREEMENTS COVERING AN ARRESTEE'S UNIT); AND (3) FEATURES AND PROVISIONS THAT MIGHT AVOID DIFFICULT QUESTIONS OF LEGALITY AND UNDUE IMPOSITION ON EMPLOYERS' LEGITIMATE BUSINESS INTERESTS. THE FOLLOWING CONCLUSIONS ARE MADE CONCERNING COOLING OFF LAWS: THEY WOULD NOT BE AN UNDUE INTRUSION ON THE FREEDOM OF EMPLOYERS; THEY WOULD NOT CAUSE SEVERE LOSS, RISK, OR DISADVANTAGE TO THE EMPLOYER; AND THEY WOULD ADD ECONOMIC REALITY AND SUPPORT TO THE DEMOCRATIC 'PRESUMPTION OF INNOCENCE' FOR THOSE ACCUSED OF CRIMINAL CONDUCT. (AUTHOR ABSTRACT MODIFIED--LKM)