How External Investigators Evaluate “Conduct Unbecoming” Cases
Employee discipline in “at-will” employment is fairly simple—an employee can be disciplined for any reason or no reason, just not for an unlawful reason (race, sex, religion, whistleblower retaliation, etc.). In public employment and unionized workplaces, however, the dynamic is different. Due process rights and collective bargaining agreements usually mean discipline can only be imposed “for cause.” This puts employers and rule-makers in the position of having to list, justify, and possibly negotiate what “for cause” means.
As a practical matter, there is no list comprehensive or exhaustive enough to cover every conceivable