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Off-Duty Policy Violation

Discussion in 'Employment Contracts & Work Policies' started by Richard Pa, Apr 21, 2019.

  1. Richard Pa

    Richard Pa Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    If a police officer is off duty and engages in a one time offense of departmental policy (non criminal - just a violation of departmental policy) is there a statute of limitations on the offense? The violation is not of one where anything was posted on the internet (pictures or video). If there is a statute of limitations, how long is it and does the clock begin counting down after the offense took place or after the offense was first discovered?
     
  2. justblue

    justblue Well-Known Member

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    The police officer should discuss this with their Union Rep.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    There probably isn't any SOL for getting fired or disciplined as a result of a policy violation.

    A lot depends on the civil service rules and union contract if there is a union contract.

    "If" questions are often useless.

    What did the officer do?
    When did he do it?
    What's happening to him now?

    Answer those questions and you might get better additional comments.

    Apologies to justblue.;)
     
    Last edited: Apr 21, 2019
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  4. justblue

    justblue Well-Known Member

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    Hey!! My comment was good based on the question... :p
     
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  5. adjusterjack

    adjusterjack Super Moderator

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    Looks like I pushed the post button seconds after you so I didn't see it. Otherwise I would have agreed to it.

    Yes, it was a good comment.
     
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  6. justblue

    justblue Well-Known Member

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    Apology accepted Jack... ;)
     
  7. Tax Counsel

    Tax Counsel Active Member

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    Statutes of limitation (SOL) set a time limit to pursue some right or remedy that is provided for in the law, e.g. a time limit on filing criminal charges or filing a civil lawsuit, a limitation on enforcement of a judgment lien, etc. Department policy is not law. So if the violation was one of policy only then there is no SOL for that. Civil service rules or a union contract, however, might limit the time the employer can use that violation as a basis for termination or other action against the employee.
     
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  8. Richard Pa

    Richard Pa Law Topic Starter New Member

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    Very well written and well explained. Thank you. Have you ever heard of an employer going back 4+ years to discipline an employee for something against PD policy? As noted, it’s not that the PD knew about it 4+ years ago and waited around. There’s no photo, video or anything public in regards to the incident that would be viewed. Thank you.
     
  9. hrforme

    hrforme Active Member

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    How is the PD finding out about it now then?
     
  10. adjusterjack

    adjusterjack Super Moderator

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    If it was something that the officer concealed from his employer 4 years ago and it is just now coming to light, I would think that, yes, something could be done about it now. Again, that would be up to the department and civil service rules and/or union contract.
     
  11. army judge

    army judge Super Moderator

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    If someone has been accused of a crime or a policy violation, all the person needs to do is keep her/his mouth shut.

    The party lodging the accusation MUST endeavor to prove the allegation.

    There could be many defenses the accused is able to assert, but initially the accused simply needs to use the right to remain silent and enjoy basking in the warm, gentle, comforting protection of "innocent UNTIL proven GUILTY".
     
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  12. Zigner

    Zigner Well-Known Member

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    The OP is not saying that the person committed a crime. Outside some contractual or statutory requirement, the employer is free to discipline the employee in any manner s/he/it feels is appropriate, regardless of whether or not the allegation was "proven". There is no "innocent UNTIL proven GUILTY".
     
  13. army judge

    army judge Super Moderator

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    No kidding, you're amazing.

    Silly me, you mean an employer can fire you for anything for any reason, because of "at will" employment, huh?

    WOW, that's even more amazing.

    Okay, boss, whatever you say goes...
     
  14. Zigner

    Zigner Well-Known Member

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    Your response is strange, but fun :)
     
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  15. justblue

    justblue Well-Known Member

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    I'm not quite sure if Army Judge thinks you are God-like or an idiot. o_O
     
  16. cbg

    cbg Super Moderator

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    AJ like to pull people's chains :D
     
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  17. justblue

    justblue Well-Known Member

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    (in my best 1930's gangster voice)

    Ahhhh....So he's a wise guy huh??
     
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  18. ElleMD

    ElleMD Well-Known Member

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    I have worked with unions including law enforcement ones and can well imagine situations where off duty conduct from 4+ years ago would be relevant. It wasn't one of mine but in my area there was a case in the not too distant past where officers involved in some unquestionably racist behavior were removed from the force, even though the evidence didn't come to light until years later.
     
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