Employee arrested at work

ppersails · November 2002

I have a situation that is getting complicated. I have Employee A who has had a long term relationship with Employee B since before they both worked here. They live(d) together and had a baby last year. They both work very closely with each other. Employee B has started to date Employee C who works in the same department as Employee A. Employee A is not happy and makes crude remarks about Employee C to other co-workers. Heresay tells me that she leaves threatening messages to Employee B also, although he has not stated it to me.

The other night after work and off premises, Employee A assulted Employee B while he was with Employee C. Employee B has a very close relationship with out local police department due to his position and reported the incident. The following morning, the police department came to arrest Employee A, in our lobby infront of guests and employees.

Are you still following me?

To my understanding I can't use arrest information, only conviction regarding employment status. This occurred of property, so no work place violations happened. However, I still have the other parties that work closely with Employee A safety to consider. How do I separate them? What action can I do? Employee A's job performance is down and this has been discussed with her by our owner, but not documented. I know that when our owner heres about this, he will want her terminated, but that could be opening us up for a lawsuit.

My main question is what can I do with her until she is possibly found guilty of assult? How do I separate the parties involved?

Just an FYI - Employee C is alledgely also "dating" another guy from Employee B department. What a little family I have here.

Don D · November 2002

What can I say? You asked for it. Companies that do not discourage such fraternization, don't have regular workplace conduct and harassment seminars and don't have strong behavioral policies in place, often get just what you have in your A-B-C scenario with D waiting in the wings. I'll tell you quickly, that we have had exactly the same thing here. If you are in an at-will state (and here comes the onslaught of nay-sayers) your company can terminate for any LEGAL reason or none at all as long as protected group status laws are not broken. Hopefully you can turn up some reliable evidence about the on-premises threats you suspect. This woman must indeed be quite a 'find' if she has so many suitors in your company.

Gillian · November 2002

The relationship(s)is/are causing work issues and those you can deal with. Although the assault took place off premises it is all part of the web which is impacting work. Your owner should decide whether this grief will end if termination occurs and whether or not he/she wants to accept the risk of repercussions, although I don't know what they might be. The only way to avoid these kinds of situations is to do the harassment seminars and to deal with any upsets that occur, so that employees know that professional behavior is expected. I don't think that anti-fraternization policies work with the employee group (better chances with supervisors/employees) because love happens. My more than 28 year marriage started with fraternization - carpooling. and I was in HR at the time. An employer has the right to expect professional behavior though.

Don D · November 2002

It seems to me that this woman is, if you will, "working her way" through the company, one employee at a time. You may be better off terminating her after an assessment of your circumstances. Congratulations Gillian. 28 Years ago when you offered the lady a ride home, there was no such thing as fraternization or harassment.....it was called chivalry!

Paul in Cannon Beach · November 2002

Considering the situation and the need to protect your employees, could you suspend employee A (with pay?) until the trial?

I just don't see how you can pretend that nothing has happened. On the other hand, you don't want to jump to conclusions until the case has been settled.

I am speaking from total ignorance having never experienced anything like that here. I hope others who have will offer you some constructive advice on how to proceed.

Paul

Theresa Gegen TX · November 2002

I would suspend without pay. Their conduct got them arrested. There is no reason why the employer should pay them during the suspension period.

SDDCHR · November 2002

It also sounds like you have many issues that are work related and need to be dealt with. I would definetly counsel and document these employees. If for anything other then work performance then use disrupting the efficiency of the department. The key word here is "document". Sounds like you may have an ongoing scenario that you're going to have to deal with one step at a time. As Don stated, you need to start addressing issues of internal relationships. If not through training, then at least through an employee handbook.

Nick · November 2002

I agree with everyone's comments. Another point concerning the employee who was arrested, you do not have to grant excused leave to someone who can't report to work because they are in jail. Follow your absenteeism policy.

hrbanker · November 2002

This just emphasizes the importance of having policies. Our workplace is very image sensitive and our policy is that if someone is arrested, they are placed on special personal leave of absence until the final disposition of the charges. The dept head and HR manager will decide whether to allow the employee to return to work in the interim. And I agree, every employer has the right to expect professional behavior on the job.

Theresa Gegen TX · November 2002

It seems to me that there is lots of bad behavior here that is bleeding into the workplace. This should have been squelched a lot earlier (Like when the company found out that one employee was spreading negative rumors about another in the workplace -- an investigation should have been conducted and discipline administered.

You do not have to wait for a conviction -- or even agree with the criminal courts if the employee is let off.

You do have to keep your employees safe at work. Even if the assault occured off of the premises, you can fire the employee who assaulted the other employee.
Who do you think will get sued if the assaulter attacks at work and harms or kills someone? Believe me, the assaulter does not have the money to pay a judgment, but the employer (who had notice of the dangerous situation) does.

I suggest you suspend the employee who assaulted the other, and hire employment counsel to go over the facts and decide what course of action to take.

Good Luck!

Employee arrested at work

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