Dealing With Employees Who Have Been Charged With a Crime
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Understand what you can and can't do when one of your employees has been charged with a crime. Make sure you're aware of the legal limitations you're faced with.One of the most perplexing problems that can confront an employer arises after the employer discovers that one of its employees has been arrested and charged with a crime. Under our legal system, the familiar mantra is that an arrested person is innocent until proven guilty. So, what can you do to address situations where an employee has been arrested, or has been charged, or incarcerated for a crime but has not yet been convicted? For example, can an employer fire such an employee before any charges have been the subject of a formal trial? Alternatively, can the employee be suspended for such an offense and if so, is it justifiable to do so with or without pay? Because more and more employers are finding themselves faced with this dilemma, this topic will include a discussion on the legal limits on what you can do when faced with this problem and will also provide useful guidelines on how best to craft workplace policies and procedures to best prepare yourself to address such situations.
AuthorsRalph R. Smith 3rd, Esq., Capehart & Scatchard, P.A.
Drafting Policies and Procedures to Address Situations Where Information Is Gained About an Employee's Arrest
Steps Employers Should Take Before Implementing Any Discipline Against an Employee Who Is Charged With a Crime
Available Disciplinary Measures and Any Applicable Legal Limits on Implementing Such Discipline
Practical Considerations for Evaluating Such Situations and Assessing the Potential Damage to Your Business From Allowing an Arrested or Charged Employee to Return to Work
Legal Difference Between a Felony and Misdemeanor, and the Impact This Difference Should Have in Assessing Potential Discipline Against an Arrested or Charged Party
Potential for Legal Action Arising From Actions Taken by an Employer Against an Arrested Employee Who Has yet to Be Convicted of a Crime
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