As a business owner for many years, I have received those employee phone calls’I’ve been arrested or can you bail me out of jail? If this happens to you, most likely you’re wondering can I fire an employee accused of a crime? The retort may surprise you.
I have found over the years as a business owner, that very often, especially in the cramped business environment, if an employee is arrested or accused of a crime, they often notice out the relieve of the business owner rather than turning to friends or family members. My advice here is to not catch alive to in providing bail or any other service the employee requests and simply listen to what they have to say and voice them to support you informed.
Now, once the employee has been arrested, your next concept may be can I fire an employee accused of a crime?
First off, most states do glimpse the ‘at-will” clause meaning either you or the employee can stop the relationship at any time, for any reason. However, this can be tricky if you want to release the accused employee. Why? Well, it sort of relates to how anyone can attempt to sue anyone for anything if they can fetch an attorney to consume the case. Further, if the employee is only accused of a crime and then is able to return to work in a few days, the ‘at-will” clause may not be your best bet.
If a lawsuit is instigated by the employee, often juries may allow personal feelings to resolve the decision. What if the employee was accused of a crime falsely and you terminated the employee? What if the employee was able to post bail and awaits a hearing? These questions often suggest it’s not a titanic thought to fire an employee accused of a crime using the ‘at-will” clause.
Remember, the employee is only ‘accused” of a crime, not convicted of a felony.
There may be very excellent reasons why you want to stop the accused employee. Maybe they displayed enrage at work or fought with co-workers on a constant basis. Or maybe they impartial performed below par and you’ve been searching for a scheme to rid yourself of the employee. Using the arrest as a plan to conclude the employee is not a righteous concept, especially if you have no documented written warnings on workplace problems with the employee.
Your best bet is to situation the employee on a short temporary leave without pay’such as two weeks. Usually, law enforcement or the courts will be able to settle exquisite hasty through a preliminary hearing if the employee will be going to trial and perhaps incarcerated.
This short leave will give you a better view of the employee’s future. But a trial doesn’t mean the employee will be convicted, so now what do you do? In fact, as one attorney set aside it, ‘why not let the courts deal with the decision? “1 Once you know the just set of the employee and if they will be kept in jail for a lengthy period of time, you pickle is blooming worthy resolved.
If a court process determines the employee will not be available to continue working, your scrape is resolved. If on the other hand, the charge is pleaded out or perhaps the employee is only arrested for a suspended driver’s license and then released, you may want to reconsider firing the employee as they will most likely want to return to work.
You next option while the employee is on leave without pay is to behold the advice of a labor law attorney or a company that is honorable of performing an investigation on the employee. If the investigation shows consistent or habitual arrests, and you have that backed up via your investigation, you will most likely be able to finish the employee’based on the outside investigative recount.
In cases such as these, hold the word ‘accused” in mind here. Accused doesn’t mean convicted and the accusation may be fallacious or alleviated meaning the employee can return to work.
If you have had danger with the employee at the workplace, retain in mind that it’s so distinguished to document employee warnings. If the accused employee does and is able to return to work, peek to those documentations and future documentations to discontinuance the employee the right method and avoid an employee lawsuit.
Finally, if you are unsure of what to do because every circumstance is different, witness the advice of a labor law attorney that is experienced in employee termination and employment issues, especially in your dwelling.