Convicted Sex Offender in The Work Place

TheKnowItAll

It was recently discovered that a high level employee of ours was convicted of indecent exposure in another state. The crime took place before the employee was hired, however the conviction did not occur until 6 months later, thus it was not reported on the application for employment. The employee has limited contact with other employees and no contact with clients. What steps should be taken to ensure the safety of our other employees?

Frenchie

I think a lot depends on the circumstances of the offense. Was it a stupid prank or something more serious? Are there other factors that make you feel your other employees are at risk?

wbeteet

We found ourselves in a similar position. We had an employee who received a suspended sentence for child abuse, thus not a conviction, which might have been a clearer reason for discharge. (To be more accurate the employee received deferred adjudication which is not a conviction.) We still discharged the employee for conduct unbecoming and employee of "______________" (our company). We feel we have the right and duty to have and environment where employees are exposed to other employees of a certain ethical standard. We are in Texas which is a strong employment at will state so taking this stand in other states may be skating close to the edge. The below was my reasoning set-forth in and e-mail. Our lawyers had a little heart burn but went along with us. We discharged the person last July and have had no problem thus far. Hope this helps!

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I've recently been made aware of a situation where a current employee of our has be adjudicated for sexual child abuse involving his stepdaughter and been given probation by the courts. I'm told this does not count as a conviction. The person is listed as a sex offender on the public sex offender's database. As a company do we have the right to discharge an employee for his off duty conduct? My understanding of the law is that if you're in an "at-will" state like Texas, an employee may be terminated for any reason, as long as the discharge is not unlawful. I would like to propose a guideline, which goes as follows:
Employees subject themselves to discipline up to and including discharge "for conduct unbecoming a '____________' employee" where their off-premises and off-duty behavior
 Affects on-the-job performance of employee or co-workers;
 Encourages other employees to flaunt company policy;
 Somehow jeopardizes company operations;
 Creates negative situations for the company's image and, thus, detracts from company results, or
 Where employee is found guilty of a criminal act (whether or not they received probation or a suspended sentence, etc.).

As I alluded to above I believe we already have this ability. I propose these guidelines as an aid and to promote consistency when dealing with situations like this.

Paul in Cannon Beach

Interesting... If it was my call, I would have the employee come in and give them a chance to explain their side of the case. Was the incident at work? Off work? A misunderstanding? Flagrant? Was it with a minor? Are there parole issues? Get the details.

Find out if the employee has had any counseling since that point. If not, perhaps you could require that he complete several counseling sessions. Re-affirm your sexual harrassment policy and let him know that any future incidents will not be tolerated. You might want to look at his schedule, contacts, and set up some type of accountability. Do you monitor e-mail, internet usage? If not, this might be a good time to set up a policy.

Even though this type of crime is despicable, HR should take the lead to try to treat people with respect and dignity and offer opportunities for redemption. Just make sure you have the proper safeguards in place to ensure you have not acted negligently.

Rockie

I guess out of curiosity, how did you discover this?

This is a tough call, because technically he did not lie on his application about a conviction. I take it he must have gotten probation and no jail time or we would not be having this discussion.

I think I would just bring him in and ask about the circumstances of the case. I really would have a problem with a convicted sex offender in the workplace - they are not easily rehabilitated and tend to be repeat offenders and often escalate in their behavior.

Maybe you should get some expert legal advice on this one.