Can we terminate?
Sophie88
2 Posts
An employee who just completed his 90 day intro period had to go to court last week. The next day in the paper it said that he had been found guilty of indecent assault and battery on a minor under 14. He is on probation. And while he is not a supervisor he does work side by side with some.
Have a call into our attorney, any thoughts in the meantime?
Comments
Hi Sophie
In most states, you can consider a record of a conviction in an employment decision. If an employee has been convicted of a crime, you need to consider the nature of the crime in relation to the job, any other record of a conviction, the time since the crime was committed, etc. The information you have is from the newspaper so it would make sense to confirm the story--perhaps by talking to the employee. Depending on the nature of the crime and conviction, termination might be the right thing to do. However, this is one of those times when I think it is worth it to pay an attorney a few hundred dollars to review the situation before termination. The lawyer can also review how the company has dealt with situations in the past and help you avoid lots of problems down the road.
Thanks Kate~I appreciate your thoughts and will talk it over with council.