Criminal Behavior

On occasion, an employee is arrested and charged with a crime ranging from drunk driving to something even more serious. From an employer’s perspective, if an employee goes to prison, most of the problems disappear. Unless a union contract affords the employee a measure of protection, you may dismiss the employee for attendance reasons. Take advantage of that opportunity. You can almost always rehire the employee if he is exonerated or serves his time and you want him back in the workforce. But if you fail to take action, you may be setting a precedent for the next time an employee is arrested and jailed.

It’s an entirely different circumstance if the employee is released on bail pending trial. If there is a union contract ...

Get The Employer’s Legal Advisor now with the O’Reilly learning platform.

O’Reilly members experience books, live events, courses curated by job role, and more from O’Reilly and nearly 200 top publishers.