Discharge for Off Duty Misconduct

Discharge for Off-Duty Misconduct

Shamesa Chesson

Strayer University

HRM534 Employee and Labor Relations

Professor Dr. J. A. Anderson, Sr.

September 5, 2010

Discharge for Off-Duty Misconduct

Explain the principle of Nexus and how it applies in this case of off-duty misconduct.

Nexus is the connection between off-duty misconduct and how it affects employment (Holley, Jennings, Wolters, Mathis, & Jackson, 2010, p. 592). In determining whether or not there is a connection between the misconduct and employment, a number of questions must be answered. The arbitrator must decide whether or not the behavior will harm the employer’s reputation, if the behavior will prevent the employee from completing his/her job duties, if the behavior will directly affect products and/or production, and whether or not other employees will refuse or have difficulty working with the accused employee. In this case of off-duty misconduct, the arbitrator must determine if the alleged crimes of arson and burglary affected the employee’s ability to perform his job, if the crimes will have a detrimental effect on USPS’ service and reputation, and if the other employees refuse to work with the employee in question.

Distinguish between arrests, indictments, and convictions.

An arrest occurs when a person has been apprehended and is taken into custody by the police or other legal authority. After an arrest, a prosecutor presents the case and related evidence to a judge or grand jury. If there is sufficient evidence against the accused person, an indictment (a formal written statement) is presented to the accused person by the grand jury demonstrating there is enough evidence against the accused person to be prosecuted in court. A final judgment is handed down after all the court proceedings and deliberations have been completed. A final judgment of guilty against a person in a case is a conviction, and the criminal is handed the imposed punishment for the crime.

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