out on parol?

Brother Bluto · July 2006

We have an employee that has no problems, except her husband was just in the newspaper on prostitution and potential rape charges. Everyone in the company knows that her husband just got out of jail a few years ago after serving a 12 year sentence for rape and has had other sexual assult charges.
Here's the problem, they share a car and he was here to pick her up today! I don't know if he is out on parol or the charges were dropped or what! Either way, we have a small workforce that does a lot of talking and speculating. I've been asked to do something, but I don't have a clue of what I could do? Any suggestions?

Toto · July 2006

Asked by other employees or by management? Did they give you an idea of WHAT they were wanting you to do?

Brother Bluto · July 2006

Our exec. sec. asked me to do something. She felt it was the company's right to know the legal status of this individual and wanted me to confront the employee to get this information. And, depending upon the results, if he's out on parol (I guess) we could inform him that he's not permitted to enter company property...but this would really place a burden on the employee who hasn't done anything wrong.

marc · July 2006

[font size="1" color="#FF0000"]LAST EDITED ON 07-19-06 AT 04:08PM (CST)[/font][br][br]edit:

This is public information. IF they really want to know they can find out on their own.

If the guy is out on parole, he has paid his debt to society with some conditions he must meet. His parole officer will administer those.

Your exec sec is proving that prison terms are not the end of the payment this guy will make to society. No wonder recidivism rates are so high.

Toto · July 2006

This is a can of worms. I wouldn't start down this path unless your company thought the employees may be in danger then they could hire a security guard for the parking area or lobby. If your boss wants you to act, give them an idea of the possible ramifications and see if they still want you to proceed.

Balloonman1 · July 2006

So are you going to run background checks on everyone who picks up an employee from work?

Or shall you do background checks on all spouses? That could be interesting though.

You might sit down with the exec secretary and tell her to mind her own business.

B'man

Brother Bluto · July 2006

That was my first thought...I just got off the phone with a Regional HRM...apparently, a law came out about a year ago which says that a company can place a restraining order on an individual if they pose a threat. However, given our situation, since the employee (spouse) apparently does not view the individual as a threat and no other employee views him as a threat, then a majistrate would more than likely not grant the restraining order. So, let it go. Thanks for your input.

LarryC · July 2006

Brother Bluto, that must either be a local law or a state law. Here in the Land of 10,000 Parolees Mostly from Iowa and Wisconsin, a company cannot get a restraining order. It has to be an individual who can establish the threat. I just went through that with the local police. We had a former employee threatening another employee, blaming him for his job loss. We, as a company, could not get the restraining order, but the threatened employee could.

Brother Bluto · July 2006

Yeah, the regional HRM said it was a state law, but I didn't get a resource from him to review the law for myself.

marc · July 2006

That's a good point Larry - a few states, however, are now allowing the company to get that restraining order instead of having it be the employee. Nevada is one of those that now allow this.

I don't know all of the reasoning, but I do know that in some cases, a battered spouse will be so intimidated by the danger that he/she will not protect themselves or fellow EEs - so the courts allow the ER to step in a get the order.

It is only good for 10 days (a temporary order) and is followed up with a full hearing where the target can challenge the whole thing.

WT · July 2006

Before doing anything on a legal basis, you would have to have probable cause and I do not believe that you have it. Past behavior is not sufficient to create a credible threat to your employees. It looks like there is simply a fear that this person might do something. If conditions of a parole forbid a person from various activities and coming to your property is one of them, then the parole could be violated and the person sent back to serve the balance of the sentence. However, I doubt any such conditions would attach.

Open1 · July 2006

[font size="1" color="#FF0000"]LAST EDITED ON 07-21-06 AT 03:05PM (CST)[/font][br][br]I'm puzzled here. If the employee's husband got out of jail a few years ago but the charges were just in the newspaper recently, those must be new charges against him. Although they might be unfounded, I would consider this information a reason to keep a close eye on things. Perhaps you could arrange escorts for female employees to and from their vehicles before and after work?

If one of your employees were assaulted after the exec sec asked you to intervene and you did nothing, it would be awful.

I hope this turns out to be nothing for everyone concerned. Good luck.

edit to change "employee" to "employee's husband"

Brother Bluto · July 2006

The ee is fine, it's her husband that is the problem.

out on parol?

Comments