Reporting criminal charges
Ki
27 Posts
Does anyone have a policy that requires employees to inform their supervisor and/or HR if they have criminal charges filed against them?
Here's why I ask:
We are a social services agency, which includes a pre-school, so a lot of our employees work directly with teens or pre-school children. We do a background check when they are hired, and we have a policy (in compliance with the Drug-Free Workplace Act) that requires employees to report CONVICTIONS for drug-related activity that occurred IN THE WORKPLACE.
What these policies do not cover is an employee that has been charged with a crime SINCE the initial background check. The Drug Free work-place Act also doesn't mention anything about reporting charges or convictions for drug-related activity that took place outside of work. I check the newspaper for information as much as I can, but not all our staff live in the county, and the newspaper is often a bit behind. Plus, I really don't want to be reading about an employee's charge or conviction at the same time as our pre-school childrens' parents are reading it.
Example policies would be greatly appreciated. THANKS!!
Here's why I ask:
We are a social services agency, which includes a pre-school, so a lot of our employees work directly with teens or pre-school children. We do a background check when they are hired, and we have a policy (in compliance with the Drug-Free Workplace Act) that requires employees to report CONVICTIONS for drug-related activity that occurred IN THE WORKPLACE.
What these policies do not cover is an employee that has been charged with a crime SINCE the initial background check. The Drug Free work-place Act also doesn't mention anything about reporting charges or convictions for drug-related activity that took place outside of work. I check the newspaper for information as much as I can, but not all our staff live in the county, and the newspaper is often a bit behind. Plus, I really don't want to be reading about an employee's charge or conviction at the same time as our pre-school childrens' parents are reading it.
Example policies would be greatly appreciated. THANKS!!
Comments
I feel your frustration. Unfortunately, it's difficult to MAKE employees report anything that occurs outside the workplace; and I'm not aware of a law that requires them to do so. We have policies in place to report change in marital status, address, etc -- pretty harmless stuff, right? Wrong -- our employees just do not think it's anything we need to know, so why would I think they'd share anything like being charged with a crime & convicted?
We've also been in the position of finding out an employee has had their license revoked, whether related to DUI or not, when it's in the paper -- and then we go from there -- advising the employee that we'll accommodate for only so long and if they cannot perform the essential functions of the job after that point, then they face the possibility of termination. And a "repeat performance" is not acceptable and will not be tolerated.
Every situation is different and you need to look at them on a case-by-case basis.
If you come up with a way to get employees to share that information, please let me know!
"All County employees are required to notify their Supervisor and/or the County Judge’s Office of any criminal alcohol or criminal drug charges within 5 days of the charge and/or citation. Notification of charges and/or conviction does not insulate the employee from disciplinary action. Employees found to be in violation of the county’s alcohol/substance abuse policies are subject to appropriate disciplinary action, up to and including dismissal."
But please note- this does not apply to crimes outside the scope of alcohol/drugs. In a small county- we usually hear by word of mouth or straight from the detention center, if an employee is booked in.
In your case, I don't see why an annual background check- applied fairly across the board-would be misconstrued as any thing other than protection for the children.
I just put together this policy:
"Employees are required to inform the Human Resources Director of any criminal arrests, charges, and convictions throughout their time of employment with XXX. XXX reserves the right to conduct additional criminal and child abuse clearances on staff, either at random or given cause, in order to maintain safe and efficient operation of the agency. An employee who refuses to submit to a random criminal or child abuse clearance may be placed on investigatory suspension and may be subject to discipline, up to and including termination.
A criminal arrest, charge, or conviction will not automatically result a change of employment status (including temporary or permanent transfer to a different position, a change in duties, or termination of employment). Factors that will be considered include, but are not necessarily limited to: the nature of the offense; the frequency of violations; the employee's work and education history, including employment references and recommenations;, and the relevance of the offense to the employee's position."
I'm hoping the threat of random checks will motivate employees to come forward up front. Any feedback on legal ramifications would be appreciated.
For a policy change of this nature which can be tied in to existing laws I would be more cautious especially if you're putting it in writing. Your policy seems to be well written as it covers arrests and doesn't say that someone will automatically have a change in employment status.
If there is a law, regulation or statute that you can refer back to which references the fact that due to the nature of our business, we are under strict guidelines (i.e. Statute 7scxx....) that require us to XXXX - in case you have any funding from the govt. that includes a stipulation about employment of team members arrested or convicted of a crime against children.
Can understand your concerns and the concerns of parents who may have children being cared for by a potential abuser.
"XXX seeks to ensure the safety and well-being of the individuals it serves, including children, senior citizens, and low-income citizens. To ensure a safe environment, XXX asks that employees inform the Human Resources Director of any charges that are pending or criminal convictions against them throughout their time of employment with XXX. (Please see the section titled "Drug and Alcohol Free Workplace" for additional information.) XXX reserves the right to conduct additional criminal and child abuse clearances on staff, either at random or given cause, in order to maintain safe and efficient operation of the agency. An employee who refuses to submit to a random criminal or child abuse clearance may be placed on investigatory suspension and may be subject to discipline, up to and including termination.
A criminal charge or conviction will not automatically constitute a change of employment status (including temporary or permanent transfer to a different position, a change in duties, or termination of employment). Factors that will be considered include, but are not necessarily limited to: the nature of the offense; the frequency of violations; the employee's work and education history, including employment references and recommendations; and the relevance of the offense to the employee's position."
The Drug and Alcohol Free Workplace section then gives the specific regulations that apply to us because of our childcare centers.
Or you may have to define "criminal charges". Do you want to include misdemeanors? Traffic violations, (moving or all)?
The problem with "random" anything has been legally challenged as violating some search and seizure laws- that pesky Constitution ;-) I'd feel much more secure in adopting a policy that includes all employees with any contact with children.
or perhaps I'm misunderstanding something.
Free annual background checks? That's great! I'm not sure my state does that, but I will check around. I couldn't find anything on their website, so I will have to make some phone calls.
Yes - I should probably add something like "excluding minor traffic violations" to the policy. Thanks for the input.
I wouldn't think that a random criminal record check would violate any law because anyone can conduct a criminal record check on someone anytime - the individual's consent doesn't appear to be needed. At least in PA, the form doesn't required the individual's signature.
I'm not sure what you mean in your last statement. We are applying the policy to all of our staff, whether they are in a childcare facility or in our main office because we often have clients and children in the office and our office staff is often at our child care facilities.
In our state- while we do not need consent- we are required to provide them with a copy of the record. That way- they have the opportunity to correct mistakes. And mistakes happen.
I'd check with local law enforcement first- or your District Court clerks. That is who I get our records check request forms from- (wow, don't try saying that quickly, three times in a row ;-)