Termination
POP15
1 Post
We have discovered that a five year employee in financial services division is a convicted felon and registered sex offender. Employee was former employee of merged company and inherited following merger. Can employee be safely terminated ?
Comments
Does the fact that he was a convicted felon and registered sex offender lead to proven work habits or bad working habits? Did he do his time? Is he showing signs of coming out of his past to attack some one else? Is his job related to children or women?
I believe Texas is an at will state, therefore, you may terminate for "no reason, of with reason". So what would your termination be based upon? Completing an application without revealing vital decision information correctly? Lying on the application is a terminating event in our disciplinary procedures, but we may choose to temper our final decision based on current working conditions and rehabilation.
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PORK
What was his felony? Does it have to do with the financial services or sex offender status?
If you are a child care center, you better get worried. Otherwise, I am not sure. You may want to see legal councel.
(Is this a new ADA category... recovered sex offender? and until he comes off the wagon or performance becomes a problem, you can't address it?)
E Wart
Our company works with children and families. We would not tolerate someone with this background, not because of the felony conviction, but because of the sex offender status.
That means the offense is of a nature that would prohibit this person from working for us. We have hired a ex-felon or two in the past and currently have one working for us now. But the nature of the crimes did not have a direct impact on the jobs being done, and the character of the EEs was considered.
In the matter of these EEs, they were considered sufficiently rehabilitated, if that is the right word, to be a small risk. Second chances are important in some cases.
1. Was he hired as a new employee of your company, or maintain his status due his employment with the other company? If hired as new and he falisfied his application, term him.
2. What does your policy or past practices indicate you do with current employees who become a convicted felon after being hired, and are they required to report any conviction? Also, does the felony have to do with financial issues, or just any ol' felony do?
3. It would appear that if there was no policy in place when he was acquired, terminating him now would have high risk. If this new discovery causes a problem with customers and makes him ineffective, it could be a sound basis for termination.
As much as I try to avoid spending attorney fees, this is probably a good time.
Don
But anyway, wouldn't the er be concerned about past violence - if the conviction has to do with assault or something? Might he harm a co-worker and the er might be liable for negligence?
Do attorneys put out a scent that you pick up? How do you know these things? Your like a good ole blue tic coon hound treein in the black of night.
I bet you can sniff out a northerner as soon as they come to town too.
He's speaking of Jimmy Buffett (two T's) and well Jimmy knows everything! If I remember correctly, he's a Mississippi boy as well and don't all Mississippi boys know everything?
To all the parrotheads out there....
FINS UP!
My dog has no idea what hunting is or how it's done. He's in Margaritaville.