Employee with felony charges - what should I say to staff?

Greetings,
I'm in a new situation and looking for advice on communication to my staff. Over the weekend one of our employees was arrested on significant felony charges. The local news covered the story. Some but not all employees have heard. Following a domestic dispute with his spouse, the employee eluded the police and shot a gun at 5 police officers with the end result being - five counts of attempted capital murder, one count of attempted aggravated malicious wounding, one count of shooting into an occupied dwelling, six counts of the use of a firearm in commission of a felony, one count of felony eluding and one count of destruction of property. He was shot in the hand by a police officer, taken to the hospital, and will remain in custody as far as I know.

My question is this - what level of communication do I share with my staff? We are a small credit union of 56 employees in a small town atmosphere. We did follow regular process and conducted a background check, credit check, and professional references. No unfavorable information was found other than some credit issues. The man was a referral from another employee. However, our staff may not feel safe or they may question our hiring decision. The guy has worked here since October 2010.

What should I say? Just the basics that the guy obviously will no longer be working here? Or should I say more?
THANKS!

Comments

  • 8 Comments sorted by Votes Date Added
  • A couple of points: first, no matter how much evidence is stacked up against this employee, you cannot make statements that implies his guilt until he is convicted. I would stay away from his personal situation to keep your organization out of trouble. Second, what is your stated reason for terming him? No-show? State laws differ of course, but in many states you cannot term someone for simply being arrested. And, whatever the reason turns out to be, you don't want to share the reason with your other employees. Third, background checks only cover what someone did in the past. They give you an idea of what to expect in the future, but they are not crystal balls. Finally, what do you do when other employees leave? I would follow that procedure.

    If you find employees are questioning your wisdom in hiring this person, then I would address the hire decision (by explaining you don't have a crystal ball), but not before. Just try to treat this situation as you would any other term. The more you make of it, the more the employees will make of it. Chances are they will be just as shocked as you are and assume you had no more reason to suspect him than they did.

    If you find keeping to your normal procedure isn't working, please come back on here and tell us how and why it isn't. I think having details of why it isn't working will help us help you.

    Good luck!

    Nae
  • I always say the same thing, whether someone resigned or was fired: "John Doe is no longer with Alliance Credit Union. Please update any phone listings or other contact information you may have."

    Employees can and will talk about the termination or the surrounding circumstances... but I don't give them anything to "interpret", or read too much into.
  • Agree with the others. .less said better.
  • Same question - why is he no longer working for you? I assume it's because he's in jail and can't make it to work? Also agreed, this is an arrest, not a conviction. You technically can not terminate a person based on an arrest. However, you can work with your superiors to determine ongoing employment with charges pending. Due to the nature of charges - do you collectively feel these charges put your company and other employees at risk? I've not ran into this with a current employee but I have ran into it multiple times during the hiring process. I've interviewed someone, made them an offer and submitted the background check. Between the time of the offer and the start date the background check comes back with open charges. I've always evaluated these charges. Example - felony charges for drug trafficing, felony assault charges, etc. Are the charges of such an extreme nature that they could put my company and others working with this person in danger? If the answer is yes, I've revoked the offer but always told the applicant to keep in contact with me and once the conviction or dismissal etc is processed that we would pick back up from there. If you are considering terming this employee due to the charges - I'd contact an employment lawyer in your area to make sure you're safe due to the level of charges.
    As far as what you're communicating to other employees regarding this employees status - keep it minimal, be sure to stay away from opinions and just state that he/she is no longer employed with the company. It's hard in small businesses in small towns but we must remember to be cautious that we are not slandering this employee.
    Hope this helps!
  • [QUOTE=tmperry;721356]You technically can not terminate a person based on an arrest. [/QUOTE]

    Sure you can, unless your state has a specific law prohibiting it. (We don't.) Just like you [U]can[/U] ask someone's age in an interview, etc. Case law has only established that you can be held responsible if these actions result in disparate treatment/impact or give sufficient appearance of same - it does not explicitly prohibit the actions themselves.

    Sorry to be contentious... I just think we sometimes extrapolate too much, too often when it comes to court decisions. That doesn't mean I think the employee in questions should have been fired for being arrested, by any means. It just means I don't think you should take it off the table without evaluating the specifics of the situation.
  • Frank! You are being contentious. Put your pants back on and go sit in the corner.
  • [quote=sdillow;721298]Greetings,
    I'm in a new situation and looking for advice on communication to my staff. Over the weekend one of our employees was arrested on significant felony charges. The local news covered the story. Some but not all employees have heard. Following a domestic dispute with his spouse, the employee eluded the police and shot a gun at 5 police officers with the end result being - five counts of attempted capital murder, one count of attempted aggravated malicious wounding, one count of shooting into an occupied dwelling, six counts of the use of a firearm in commission of a felony, one count of felony eluding and one count of destruction of property. He was shot in the hand by a police officer, taken to the hospital, and will remain in custody as far as I know.

    My question is this - what level of communication do I share with my staff? We are a small credit union of 56 employees in a small town atmosphere. We did follow regular process and conducted a background check, credit check, and professional references. No unfavorable information was found other than some credit issues. The man was a referral from another employee. However, our staff may not feel safe or they may question our hiring decision. The guy has worked here since October 2010.

    What should I say? Just the basics that the guy obviously will no longer be working here? Or should I say more?
    THANKS![/quote]


    Keep it simple. If asked, simply state that you can't discuss one employee's personal matters with other employees.

    As for his employment status, deal with the issue -- attendance. If he is, in fact, in custody, and not out on bail, then he can't come to work so follow your attendance policy so treat him as you would any other employee, including termination if appropriate.

    Sharon
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