Terminating an employee with an arrest record

Leah4

We were just informed that an employee of ours was arrested for possession of a small amount of pot. However the significant factor was that they found $11,000 in cash on him. This is almost his entire salary for a year. The money tested positive for drugs. We have a unique situation here, because our employees work on the floor of an exchange, and they have their own security. He was not arrested here at work, but the arresting officer called the head of security from the exchange(a former police officer)to tell him about it. The head of security recommends that we fire him, and indeed, we don't want that kind of problem here, under what grounds can I terminate him? He is a good employee, on time, does his work, has decent reviews, and has been here about 2 years. Thanks!
Leah

twochr

Is Illinois and 'at will' state? If so, then you don't even need a reason. However, if you plan to use the 'pot' and the $11,000 as a reason, you should probably wait to see if he is convicted of something. Arrest doesn't necessarily mean that he will be, as we all know. I would definitely consult with my labor law attorney to get guidance on how to do this. Also, look at your policies - do you terminate for criminal convictions or only issue warnings. If you don't have a policy regarding that, you really should get your attorney to write something up for you for future use.

Don D

Our policy requires that an employee advise the company within three days following the arrest or conviction for a drug offense. Perhaps yours does. Most I've seen, do. Sweat him out and wait for that time to expire, if so.

At minimum I would suspend the employee pending results of the judicial process. He sounds like a minimum wage employee and I'm not sure if that matters. But, I would suspect you don't want to risk his interraction with customers or your business decisions until you know the outcome.

marc

I like Don's suggestion. We have a policy with a similar position regarding the notification aspect. Ours is 5 days. Then, because much of our funding comes from grants, with specific drug free work-place stipulations, we must notify the appropriate funding agencies for any programs effected by a conviction.


For just an arrest, we have an ethics policy that allows us to terminate any person who, in our sole and arbitrary opinion, damages our reputation in the community, including a provision that EEs should avoid the appearance of any criminal offense or professional misconduct.

We have not had to use this provision, but it is hanging out there for this type of occasion.

Leah4

I like your's and Don's suggestion. We do not have a policy like that in our handbook, but since I am in the midst of updating it, this will definitely be somehting that we add the handbook.

Dasher

Yes, this is an excellent policy to have. We got rid of one of our biggest problem employees with it about six months ago. He was not convicted of the charge (paid a good lawyer to get rid of it) but we were in the clear because the reason for termination was that he did not inform us of the arrest. When he telephoned to request reinstatement of his job I simply had to say -- "What's the lack of a conviction have to do with it".