Bench Warrant Issued

Open1

Our local county takes over a week to return criminal data, and if we wait that long to start candidates we lose them to other job offers.

Well, I have one that just came back with a DUI charge from 3/06, not convicted, but it shows a bench warrant issued 5/06 and the employee already started work. There is no misdemeanor/felony conviction (yet) therefore the "no" on the conviction section of his employment application would be accurate, but he did write "N/A" next to "Date of Last Traffic Violation." Driving is not required for his job.

Any advice?

SMace

Is it a violation if your not convicted? I don't think so.

System

Innocent until proven guilty. Would you have hired him if you had known?

James Sokolowski
HRhero.com

Open1

I would have asked him to take care of the bench warrant and then come to work. Perhaps that is what we should do now?

Dutch2

A charge without final disposition carries the presumption of NOT quilty until the time it is adjudicates guilty.
Suspended imposition of sentence dispositions are not convictions and become closed records when probation is completed or finally terminated.

davids

Is driving part of the job? Was a clean driving record a requirement? If the answer is no to both of those questions, you probably do not have grounds to terminate.

Open1

We didn't terminate him. We gave him some time off to take care of the warrant and he can return to work as soon as he does. I don't think it matters if it was a driving violation or not. I believe our ethics policy would be violated if we allowed someone to work who has an outstanding warrant for their arrest.

marc

Do you instruct candidates to answer all application questions fully? If so, his N/A answer may not comply with your instructions. Who gets to decide whether or not a question is not applicable?

I ask, because this story seems to have some slippery elements to it. I am all for innocent until proven guilty - but this is not a court of law, this is a job application and you are trying to hire the best qualified candidate. Is that this guy?

Paul in Cannon Beach

It sounds like you are handling this properly in my opinion.

I don't think this guy will be employee of the month anytime soon but you never know.