Arrested - Not Charged

System · August 2002

We have an exempt manager that was arrested for child molestation based on an accusation from an angry/jealous x-husband. He has not been charged with a crime - and may not be - according to the DA. Can he be placed on a leave of absence without pay until he is either charged or it is dropped? It will be approximately 60 days before he knows what will happen. Could we face any legal issues regarding his lost wages if he is never charged or found innocent?

We are in Louisiana.

Thanks!
Amslo

Don D · August 2002

Amslo: If there ever was one for an attorney, this is it! Don't do a thing till you talk to one. Emotion, anger, perception, reasoning and sympathy are OUT THE WINDOW. Don't move without legal counsel!

Catherine · August 2002

I agree with Don that you need to seek counsel for this one. However, there are several questions you need to be prepared to answer from your attorney. What do your policies say on this? What kind of business are you in? More specifically, what opportunity does this employee have to be in contact with children because of his work? I am finding that more and more often, the real question behind the decision is whether we would rather be sued by the employee or by someone else they impact if we fail to take action.

When I came to my present employer, we had an employee who had a similar accusation. He was actually under indictment but had not been convicted. Our policies would have allowed us to take action without a conviction, but his director didn't want to have to make the call. The result was that we paid this guy to do very little for nearly two years because his normal duties would have put him in public parks and we were concerned about liability on the other side. I would hate to see anyone else in that situation. That being said, be very careful making your decision; there's a great deal to consider first.

Arrested - Not Charged

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