Employee in Jail on Weapons and Drug Charges
Lisa In Iowa
67 Posts
It has come to our attention that one of our newer employees (hired within the past 90 days) has been ARRESTED for carrying weapons and possession of narcotics (not at work). It appears that she is currently in jail.
At this time, I am counseling the employee's manager that we would want to follow our attendance policy regarding her attendance. Today is the first day that we expect her to report to work for her afternoon shift. If she does not report to work for 3 days, we can terminate her for no call no show (per our policy). If she calls in, we'll have to follow the details of our attendance policy.
Other than that, there is really nothing we can do at this time. Correct?
If the charges our dropped, we will not have an issue, however if she is convicted (which is definitely a possiblity) what options do we have regarding continuing her employment? Can we terminate her? We do have a drug policy that prohibits taking, selling drugs and alcohol while at work, but does not address outside of work. Has anyone had this situation before? If so, your insight would be greatly appreciated!
Thanks!
Lisa
At this time, I am counseling the employee's manager that we would want to follow our attendance policy regarding her attendance. Today is the first day that we expect her to report to work for her afternoon shift. If she does not report to work for 3 days, we can terminate her for no call no show (per our policy). If she calls in, we'll have to follow the details of our attendance policy.
Other than that, there is really nothing we can do at this time. Correct?
If the charges our dropped, we will not have an issue, however if she is convicted (which is definitely a possiblity) what options do we have regarding continuing her employment? Can we terminate her? We do have a drug policy that prohibits taking, selling drugs and alcohol while at work, but does not address outside of work. Has anyone had this situation before? If so, your insight would be greatly appreciated!
Thanks!
Lisa
Comments
We are planning to monitor the situation. We have been debating whether we should bring this up to her, or see if she mentions anything. Any advice?
The information you have now is "hearsay" and the employee has only been arrested - not convicted - at this time so this could be sticky. Unless you have a policy that says "if you are arrested on weapons and drug charges we will terminate", you really shouldn't address the arrest. I would stick with the attendance policy while in the introductory period angle. I would not bring it up unless the employee broaches the subject and then I would only ask about attendance issues associated with the consequences of the arrest. You most likely have other employees who have been arrested and you've never heard about it. My 2 cents.
TX Annie
I'm curious to know how it came to your attention. If she approaches you when she comes to work and tells you, that is a plus.
"weapons and narcotics" is pretty vague. I would probably confront her and say "this is what I have heard. Tell me your side of the story." I think you have the right and responsibility of determining whether this employee is a threat to others.
People who get involved with drugs often slide a long way down and find themselves doing bad things along the way. I dont believe that means they are all bad people. Like Ray's story, sometimes you can help someone get back on track, especially since she has done very well on the job up until now.
Good luck. Keep us posted.
We actually found out about this from another employee who brought it to the attention of the supervisor; the supervisor went online and pulled up the arrest, complete with her mug shot.
I'll let you know if there are any more developments.
Bottom line - I would at least perform a drug check on the individual in question, since she was arrested on a drug charge. I think the drug check would stand up as being resonable under your circumstances.
We do have a policy which states that we prohibit the trade, sale, unauthorized possession or use of drugs and alcohol on our company premises or while working. However, our policy does not address such actions outside of work. That being said, our policy does state that employees will be subject to discipline up to and including termination for offenses such as, but not limited to: using, selling, possessing, or reporting to work under the influence of alcohol, any unlawful controlled substance, or a controlled substance without a medical prescription. We also state that we have the right to inspect all of their personal possessions while on Company premises.
Does our policy allow me to send her in for testing, or do I need a specific policy for testing, too. I was thinking I need a specific policy for that.
I appreciate all of the feedback I received. Thanks!
All it takes is just one time...that is why we are here, to minimize the damage done by just that one employee.