Innocent - at least for now
ray a
5,703 Posts
Last week an ee was arrested for the following: possession of hashish, hallucinagenic mushrooms, homemade bomb casings and bombs... oh and a 8' snake. Actually, these items were found in his apartment which was shared with another individual. He was released on bail and I have allowed him to return to work based on innocence until proven guilty and that all we know is what was published in the newspaper. His supervisor has talked to the ee's mother, and of course there is another side to the published story. I believe this ee is no threat in our work envirnoment and see no problem with him being here at this time. Conviction will change things. Some other ee's have expressed concern believing we should not allow him to return to work. How would you handle this situation?
Comments
Reading between the lines here, it sounds like your employee is in good standing with you and that the guilt will possibly (probably?) lie with the other individual. You have more information than you are giving us that leads you to believe that your employee is not a danger. If the rest of your employees don't "buy" it, then suspend him with pay or suspend him with the promise to backpay if he earns an acquital.
Mushrooms, bombs, and snakes, oh my!
You and I were out drinking last night and I saw you get totally wasted....hammered.....so rip roaring drunk you could barely stand up. And during our conversation you alluded to the fact that you may have done drugs recently.
Next morning I get to work and immediately contact HR boss and tell her all about the previous evening. You report to work on time and fit for duty, but to your surprise, HR calls you in and says, Ray, I have reason to believe you are in violation of the company's alcohol and drug abuse policy. Report to the company nurse for testing, and expect disciplinary action to follow.
Let's take it one step further, Ray. You were sooooooo hammered last night, even though I tried to stop you, you drove home and got in an auto accident --- fatally killed the driver of the other car. Civil and criminal charges are pending.
HR wants you immediately terminated.
All kidding aside now, like I posted in another thread, be careful to discipline for off-duty conduct that have no effect on your job performance. Check the case law, I just did recently for an incident similar to that above. Vermont court came in favor of company discipline, but only because of the circumstances. Generally courts will find against the employer for disciplining employees for off-duty conduct that does not have a causal connection or nexus to their job performance.
Tread softly and carry a big stick!
Then let's say I get a case of "The Vermont Itch" and get real touchy-feely and call up Sen. Pat Leahy and he advises I should not worry at all about this mess and I let the guy come on in to work. Two days later, his desk and everything around it including his head is blown to smithereens and we can't find two employees except for a few casual body parts. How many nights will it be before I get to sleep?
First of all, mothers are never the best witnesses (I'm one and I tend to look at my kids through rosy glasses). Second, I find it hard to believe that the ee did not know what was in his apartment. Third, the items found had to get there in somebody's vehicle.
I, however, am very concerned by the fact that he has not been found guilty of anything. I would consult with an attorney, but my strong inclination would be to allow him to work.