Employee Arrested!!
WoodVillage
2 Posts
I need help. We had an employee arrested today here at work for 9 counts of forgery and theft under $500. Our vauge handbook does not address anything like this. What do you suggest?
She is now on suspension.
She has only been charged, so she is innocent until proven guilty.
Should we wait until she is found guilty in a court? That could take months!
We have a call into our lawyer, but I just wondered what you would do?
Noma
Comments
In all sensitive matters such as allegations of theft, consult with your company counsel or advise upper management to hire an outside employment attorney in order to protect the company and other employees.
While you want to have an open mind on this matter, keeping the employee out on suspension may be necessary until all the facts are gathered, especially if the misconduct is unclear. However, our attorney recommends that such a suspension be one with pay.
Obviously, this employee cannot be allowed to handle checks, cash, etc. again until he or she has been cleared of allegations. Let the attorney advise you on any interviews, collection of documents, recordkeeping, etc. during the investigation.
You seem suprised by the arrest. How were the police made aware of the forgeries?
Not being aware of the forgery may be your company's biggest problem. You may want to work with a consultant in re-examining your accounting procedures. You may also want to look at your background check policy, especially for employees who handle financial tasks.
Noma:
Sorry to hear of your situation. First, was the forgery committed against the employer? If so, you have a great argument to put the employee on unpaid leave at the very least. If the employee is found guilty, then she may be terminated. If an internal investigation show that there is a very high probability that the employee is guilty, it would be pretty safe to terminate her now. If not, and the employer has no policy saying what happens to an employee who is arrested, you should consider whether the employee works in a position where she would have any access to employer funds, customer credit lines, etc. If so, at the very least she should be put on unpaid leave (i.e., a suspension, pending the outcome of the case). You have an obligation to protect not only your own finances, but also those of your customers. If none of these apply, then you may consider allowing her to work under a watchful eye.
I think there are a couple of things that you should/should not do. I wouldn’t talk about the arrest to the media or non-management employees. You certainly don’t want a possible defamation lawsuit on your hands, and you also want to be sure that the employee is treated fairly. Also, if the employee is part of a union, you may have obligations under the union contract that limit your options. I would also take into account the how the arrest may effect your company’s reputation and your other employees. Before you decide to do anything, I would wait until all the facts come to light – you don’t want to make a hasty decision based on only half the story.
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Good luck!