Whether your employee has been arrested or is on leave, there are several things to do if you’ve been contacted about an incarcerated worker. It’s essential to be careful and take your time, but it’s also critical to protect your employees’ legal rights and ensure a safe workplace.
A wrong decision could lead to expensive lawsuits and demoralized staff. Following these steps can help you determine if disciplinary action is needed and will give you more confidence in handling this type of situation.
Gather reliable information on the employee’s arrest.
There are several reasons why your employee may be arrested and needs santee bail bonds. They may have committed a crime or been in the wrong place at the wrong time. Either way, it’s essential to act fairly and consistently and avoid discriminatory or demeaning actions.
The next step is collecting all the facts about the employee’s arrest and charges. This includes information about the crime, the length of imprisonment, and the charge. These records are available at your local police station or courthouse. You can also consult a lawyer if necessary.
While gathering information, it’s also essential to consider the impact of the incident on the company. In some cases, an employee’s arrest could affect other workers, customers, or even the company’s reputation.
Depending on the circumstances, you may allow an employee to take a personal leave without pay or move them to a less public position. If the situation is related to drug or alcohol abuse, your organization may benefit from referrals to an employee assistance program or mental health treatment.
Consult legal counsel before firing or suspending an employee.
If the employee is convicted, you must treat them as if they were fired. This can be difficult, especially if the person has been charged with a violent offense. In this case, you should consult a lawyer or ask for support from an employee assistance program.
You can also discuss the matter with the employee’s attorney. This can be done in a closed-door session. You do not have to share the details of the offense or allegations, but you should be sure to maintain confidentiality. It’s best not to talk about the arrest with other employees or the media.
Protecting the legal rights of an employee.
It’s important to remember that everyone is innocent until proven guilty. A rush decision or knee-jerk reaction to an arrest can lead to an expensive lawsuit, so you should take all the necessary steps to avoid making a mistake. You should also follow state laws regarding disclosing information about an employee’s arrest.
Several companies have created particular policies for employee arrests. These may include connecting an arrested employee with counseling services or anger management courses. You can also allow the employee to apply for a leave of absence without pay. This may mean that they can return to the job after being released.