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Employee Arrested

KMoore1KMoore1 44 Posts
in HR & Employment Law Vote Up0Vote Down

We just had an employee arrested at work on criminal child neglect/abuse charges. My understanding is that he will be arraigned, and due to the seriousness of the charges, he probably will not be let out on bail. This has been very upsetting to other employees, and we are concerned that (1) if he returns to work, his presence will be disruptive; or (2) if he does not return to work because he is in jail, we would like to terminate his employment based on our attendance policy. Either way, we believe that he should be terminated . . . has anyone had a similar situation? How did you deal with it? Any legal issues we shoudl be aware of?

 Thanks in advance.

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  • HRDir1HRDir1 69 Posts
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    Another Forum member had a similar question (see thread in this same subject group), the charges are different, but the answer is probably still similar. Generally, you could consider terminating based on an attendance policy, or terminating, pending the outcome of any investigation, with a possibility of reinstatement.
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