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Suspended Employee, Criminal Investigation

MJBLMJBL 9 Posts
in HR & Employment Law Vote Up0Vote Down
We have an employee who is currently suspended and is part of criminal investigation by police. When this person has exhausted all of their paid time off, are we legally required to hold the job for them?
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  • 3 Comments sorted by Votes Date Added
  • Sharon McKnight SPHRSharon McKnight SPHR 737 Posts
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    I think more information is needed. For example, was he/she suspended because of an alleged crime committed against the company or was it a crime against a non-related third party? Can you provide a little more information?

    Sharon
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  • MJBLMJBL 9 Posts
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    Employee is being investigated for sexual abuse of a client. We are waiting to find out if there will be an official charge or not.
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  • Sharon McKnight SPHRSharon McKnight SPHR 737 Posts
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    [quote=MJBL;717412]Employee is being investigated for sexual abuse of a client. We are waiting to find out if there will be an official charge or not.[/quote]

    I think you need to discuss with a qualified employment law attorney before you make a decision one way or the other. With that said, I believe would keep the ee on unpaid suspension at least until he/she is charged.

    A few other questions to consider:

    How long has the ee been with the company?
    Prior to this, was the ee in good standing with the company?
    How did the company find out about the alleged crime?
    Was an internal investigation conducted? If so, did it reveal that this ee committed the abuse?
    Is an extended unpaid leave of absence a reasonable option for this ee in this situation?
    How would the company handle it if the ee is terminated and then later is proved innocent?

    Hope this helps.

    Sharon
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