An Employee Got Arrested? What Businesses Must Do
It’s not uncommon for people to get arrested for minor crimes. In fact, according to The Innocence Project, more than 2.3 million Americans are behind bars, and more than 5 million are on probation or parole. This is partly because the criminal justice system is over-reliant on incarceration and often punishes people for minor offenses. This can have a devastating impact on their lives, as well as their families.
Moreover, people might find their jobs or careers at risk if convicted of a crime, even if it is a misdemeanor. This is especially true for people who work in sensitive positions or jobs that require a security clearance.
If you are an employer, it is essential to know what to do if one of your employees gets arrested. Depending on the circumstances, you may be required to take action, or you may be able to choose how to proceed. Here are a few things to keep in mind.
Understand What the Employee is Facing
The first step is to understand the charges your employee is facing. This will help you determine if the arrest will impact their job and, if so, how. For example, if your employee gets charged with a DUI, they may face jail time, a loss of their driver’s license, and expensive fines. However, they may only face a fine if they only face a misdemeanor offense, such as public intoxication. Still, jail time can be uncomfortable. If you want to help your employee, you can send bail bonds services to bail them out if they don’t have family members to do it for them. Of course, you will have to talk with your legal and HR team for processing.
In some cases, an employee may be arrested but not charged with anything. This can happen if the police are called to investigate a disturbance but do not have enough evidence to make an arrest. If this happens, you will not need to take any action against the employee since they have not been convicted of a crime.
Determine the Impact on the Employee’s Job
Once you know the charges your employee is facing, you can determine if the crime will impact their job. In some cases, an arrest may not result in any disciplinary action. For example, if your employee gets arrested for a minor offense, such as disorderly conduct, it is unlikely to impact their job significantly. However, if they get arrested for a more serious crime, such as DUI or domestic violence, they may face disciplinary action from their employer.
In addition to the severity of the crime, you should also consider the nature of the employee’s job. For example, if they work in a sensitive position, such as a schoolteacher or doctor, an arrest may result in them losing their job. However, an arrest is less likely to impact their career if they work in a less sensitive post, such as a retail sales associate.
Take Action Based on the Impact on the Employee’s Job
Once you have determined the impact of the arrest on the employee’s job, you can take appropriate action. If the arrest does not significantly impact the employee’s employment, you may choose to do nothing. Sometimes, you may even decide to keep the employee on staff and support them during this difficult time.
However, you may need to take disciplinary action if the arrest significantly impacts the employee’s job. This could include suspending or firing the employee. In some cases, you may also need to report the arrest to the appropriate licensing board.
For example, if your employee is a doctor arrested for DUI, you may need to report the arrest to the state medical board. The board will then decide if the employee should be allowed to keep their license.
Seek Legal Counsel
If unsure of how to proceed, it is always best to seek legal counsel. An attorney can help you understand the laws in your state and advise you on the best course of action for your business. The legal counsel you choose should be experienced in employment law and have a good understanding of the criminal justice system.
You can also seek a criminal defense attorney if your employee faces trial and requires assistance to prove innocence. This type of lawyer will give your employee the best chance of beating the charges and keeping their job.
Final Thoughts
An employee’s arrest can be stressful for the employee and the employer. However, by taking the proper steps, you can minimize the impact of the arrest on your business.
If you have an employee who got arrested, there are several steps you should take to protect your business:
- You should find out what charges the employee faces and if they have been convicted of a crime.
- It would help if you determined the impact of the arrest on the employee’s job.
- It would help if you took action based on the impact of the arrest.
If unsure of how to proceed, it is always best to seek legal counsel.
