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Legal termination
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Legal termination
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Here is the scenario:
Police show up. Take employee into custody for questioning. Explain to the employer that the employee is part of an on-going FBI and local investigation which will likely resu
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Legal termination
posted at 3/24/2010 10:08 AM EDT
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Posts: 118
First: 2/28/2008 Last: 7/29/2011 |
Here is the scenario:
Police show up. Take employee into custody for questioning. Explain to the employer that the employee is part of an on-going FBI and local investigation which will likely result in charges...and then the employee shows up back at work later in the day, because he has not yet been arrested. Can the company legally terminate him if it has nothing to do with employment? Pennsylvania, at will state. |
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Legal termination
posted at 3/24/2010 11:26 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Lets be careful slinging "at-will" doctrine around as an easy means of terminating employees. Frequently employers, by policy or practice, dilute the at-will doctrine making it inefficient and potentially risky.
There are many unanswered questions here; 1. How have you handled employees who have been arrested in the past? 2. Is this person a member of a protected class? 3. What are your policies on progressive discipline and termination? 4. How consistently have you followed those policies with similarly situated employees? 5. How long has this person worked for you? 6. What has their performance been like to date? You also have to realize that an arrest or even getting picked up for questioning is not an indicator of guilt. Only a conviction is an indicator and your action could be viewed as inappropriate under the law. I see a couple of options here depending upon your answers to the above questions. 1. Do nothing. If he is arrested later and returns to work he returns to work. If his absence is long term then you can terminate him for absenteeism or not being available for work. 2. Once arrested you can suspend him, consistent with your practices, until some out come is realistic. That may well be the same as a termination because the odds are it will take a long time for him to go to court. I am not a big fan of this option. |
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Legal termination
posted at 3/24/2010 11:30 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Too fast on the enter key...
Let me add this, According to the Pennsylvania law; An employer may consider felony and misdemeanor convictions only to the extent to which they relate to the applicantâs suitability for employment in the position for which he has applied. Reference: PCS 18-9125. Please note the use of the word "conviction" |
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Legal termination
posted at 3/24/2010 11:48 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
I think I'd like some input from Dave Arnold on this one.
Although HRPro doesn't like option number 2 above, my thinking is that it's dependent on what the charges might be. If the charges involve violence to another person, I think you'd be wise to suspend until it's resolved if for no other reason than negligent retention/hiring liability should your employee injure another employee. That'd be only one example; I'm sure there are others for which this course of action would be appropriate. |
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Legal termination
posted at 3/24/2010 12:01 PM EDT
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Posts: 118
First: 2/28/2008 Last: 7/29/2011 |
"Lets be careful slinging "at-will" doctrine around as an easy means of terminating employees. Frequently employers, by policy or practice, dilute the at-will doctrine making it inefficient and potentially risky.
" I am totally in agreement on this one. Personally, I don't think it is employment related and I am uneasy about it being held against him without even an arrest. He is being investigated and has not been charged. If he is charged, I'm pretty sure he will be in jail and it won't be an issue. A threat to someone else...it is child pornography. Has no contact with children at the job. |
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Legal termination
posted at 3/24/2010 1:57 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I'd have to look at specific job duties and interaction with clients/other employees etc.
But I would be likely to wait and watch very carefully and let the employee know that if he missed more work due to this issue that his job would be in jeopardy. |
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Legal termination
posted at 3/24/2010 2:53 PM EDT
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Posts: 118
First: 2/28/2008 Last: 7/29/2011 |
The other employees would not react well to him being around. A bunch of men who have kids...they're fatherly instints would probably kick in. Would really be disruptive.
He is in a manufacturing environment. Little interaction with other people, but interaction with other adults on the production floor. As of now, he is suspended...he took that information well. The hope is he gets put into jail quickly and don't have to worry about him returning...but who knows. |
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