HELP QUICK! JAILBIRD!

System

An employee was picked up at lunch (away from premises)by the city police and is in jail for outstanding tickets. If she can't pay, she stays..however many days it takes to clear the amount she owes.

We've had a variety of different problems with this employee, but she manages to get herself straight just in time to avoid termination.

We don't have any policies about being in jail and it being an "unexcused" absence- she has no vacation time. Do we have some termination options here - or does this just have to be absences accruing toward discipline?
(This is an office environment.)


Thanks!

Balloonman

Well with any luck her unexcused absence will do her in. No reason not to hold her to the regular policy. With any luck she will get canned, your problem is solved.
No reason to treat her any different than anyone else.
My $0.02 worth.
DJ The Balloonman

Bizee1

How did you find out about her arrest? If she had someone call you right away or she herself was able to call you, I'd cut her some slack. Although her own fault for her current predicament, she at least is making sure her employer is aware. You don't go into detail about the other problems you've had or how serious they have been, but it sounds to me like she has tried to correct herself when you have counseled her in the past. That's always a good sign to me when an ee shows improvement after being counseled or disciplined.

Pork

We have a published employee handbook and "JAIL BIRDS" are considered as un-excused for the time in jail. However, if they make bail and can get to work on time, we have no other recourse, but to let them work. "No Call No Show" is the term used and on the 4th morning at 1 minute after the start time for his/her department the individual is a "voluantary quit", and we cancel our employer/employee relationship! We will re-consider for rehire later, if and when appropriate.

May you and every one else on this net continue to have a Blessed day in Freedom! This is America and even the arrested have a few rights. Pork

scottorr

Without a current policy in place to address this specific area I wouldn't treat it any differently than if this employee were out for any other reason. This might be a good time to draft a new policy to address any future issues. I agree that you may have to ride out the unexcused absences.

pecohr

Treat this individual the same way you would treat any other employee who did not show for their scheduled shift several days in a row. We terminate after 3 days no show.

LindaS

How have you handled other employees who have missed more time then they are allowed utilizing vacation, etc? You would handle this employee the same way. I do NOT agree with cutting the employee "some slack" because then you start having to make judgement calls which can create additional problems. If you do not have a written attendance policy, you need to draft one and be willing to follow it in ALL situations, not just this one.

LFernandes

Has she given you a time frame of when she may return to work? You could always put her on a personal leave of absence (if you a policy for one) and apply any accrued vacation or personal time. If not, grant her an unpaid leave with an estimated return to work date (I'd say grant her one to two weeks). Is she allowed to receive mail or phone calls? If so, call her, tell her about the leave and follow it up with a letter to addressed her at the jail. If she doesn't come back when the leave of absence has ended, terminate her as a voluntary resignation for failure to return after a leave of absence.

jimlegal

Last I checked TEXAS is an "at will" state! Thus, unless you have some type of contract or other obligation "past practice", sounds like you could terminate. What is your practice or policy regarding employees conduct? What is your practice or policy regarding convictions? Don't treat this person different that anyone you have in the past. But from your post, it sounds like this employee is problematic at best. Good luck with your situation.