From an HR point of view, if the company were to fire an employee for an off hours incident where it determined that the employee didn't do anything illegal, the employee possibly could have a case for wrongful termination.<quoted text>
I am not sure if you are from Milwaukee or not but this shows as your location in the forum.
If I were to respond as if you were from Milwaukee, there are some organizations that would fire you immediately. There are probably others who would not. Either way, Indiana is a free will state (I believe this is what it is called but not being an HR person am not sure) and a person can be fired for anything. A company does not need a reason.
From a perspective of reasonableness, if it were my company, and a person had made mistakes and needed to be "more smarter", I would fire them (of course, I would be worried his friends may well pay me a little visit) not only for their lack of proper english but their utter lack of good judgement.
I may have missed something but I have not read anywhere that the police have said Tinsely did not do anything wrong (at least under the laws) yet.
I do think that his brother chasing someone and shooting at them would (or should) be against the law a innocent bystanders may have gotten hurt but I am also not a legal expert in criminology.
Regardless, Tinsley has had too many problems in the last year. Why would it take him three times to become "more smarter." He needs to go to a city/team where this behavior is acceptable (Isiah Thomas may be interested?) if there is such a place.
Even in a right to work state, an HR department still has to come up with documentation that demonstrates that a person's work performance is negligent. Being charged with a crime is NOT the same as being convicted of a crime, and the HR department would be reluctant to terminate because of that, lest the fired employee is exonerated but now unemployed.
Given that there is a collective bargaining agreement between the NBA and the union that the franchises have to abide to, the Pacers don't really have much recourse.
I agree that Tinsley's brother probably deserves a little scrutiny for his actions, but unless any evidence exists that Jamaal either fired a shot or participated in the chase (initial police reports do not have him doing either), he can't be held responsible for the actions of others.