Policy manual language re "arrested" emps--not yet convicted

dlbett

I am looking for assistance with some policy language regarding the employee that has been "arrested" for a felony crime (i.e. theft, assault) but not yet convicted. Since the trial could be over a year away, I want the latitude to place this person on unpaid leave until such time he is cleared of charges or convicted. I don't necessarily want this person continuing to work for us during this waiting time.

Do you have any language you can share or ideas about the above? How would you handle this?

stilldazed

We've had similar instances and have allowed folks to work until the arrest is resolved. Our position has generally been that if they survived our initial criminal background verification process, which is fairly intense because of a number of facility licenses we have in place, we will attempt to offer the benefit of the doubt unless or until the person becomes a real risk at work. Our policy wording restricts employment decisions to conviction history, and we allow minor offenses through as long as we are allowed by state regulatory agencies to do so.

We have had several situations where an arrest led to an eventual conviction, sometimes months after the arrest, and we discharged immediately upon confirmation of the conviction.

You may know without having to confirm, but it would be wise to verify your state's statute on hiring. Some states restrict employment decisions to conviction history, based on the innocent until proven guilty philosophy.

best wishes