Employee Indicited

[cowboy43]

A part time employee has been indicted , on charges nothing related to the job, it is grounds for dismissal , (which could result in a lawsuit)or filing for unemployment, another choice would be suspend employee and wait on a court decision from the charges, which could result in paying unemployment till the court makes the decision, the last choice keep the employee on the payroll till the court decides guilty or not guilty, keeping in mind even though the employee has been indicted they are not guilty till the court makes a decision. My first thought was to let the employee go, I am trying to decide which is the best decision for the organization, because this is a (not for profit) farm organization operating on a fixed budget. One other consideration we are a organization that needs to maintain a high public image.

 

[Hook]

Leave of absence without pay. If he's aquitted he gets his job back.

 

[TexasBred]

A part time employee has been indicted , on charges nothing related to the job, it is grounds for dismissal , (which could result in a lawsuit)or filing for unemployment, another choice would be suspend employee and wait on a court decision from the charges, which could result in paying unemployment till the court makes the decision, the last choice keep the employee on the payroll till the court decides guilty or not guilty, keeping in mind even though the employee has been indicted they are not guilty till the court makes a decision. My first thought was to let the employee go, I am trying to decide which is the best decision for the organization, because this is a (not for profit) farm organization operating on a fixed budget. One other consideration we are a organization that needs to maintain a high public image.

Can a part time employee draw unemployment? (I don't know). If it's not job related don't know that firing would be justified if he's been doing his job. Probably need to visit with a good attorney and see what options you have.

 

[Jogeephus]

Either way sounds like you have to pay so might as well get something out of him unless its some crime that will really put a black eye to your organization. Something like rape or buggery. Other than that you can always say you are giving him the benefit of the doubt because innocent until proven guilty... I think most people would be understanding to that.

 

[tom4018]

Not sure about Texas but some states are employ at will and you really don't have to have much of a reason to let them go.

 

[slick4591]

Not sure about Texas but some states are employ at will and you really don't have to have much of a reason to let them go.

As long as it doesn't fall into the federal discrimination guidelines you're okay with letting that person go since Texas is an at will state.

 

[Brute 23]

Need to think about writing the process in your bylaws.

Is it some thing related to or that would effect their job?

 

[HOSS]

I am an innocent until proven guilty kind of guy. What if you fire him and it is proven that he is innocent? If he us not a risk to the company....i.e thief or violent..then I would retain him until a verdict us handed down. Just my .02 worth.

 

[MO_cows]

I'm with Hoss. Innocent until proven guilty. If they are being held in jail or something where they can't show up and work, put them on unpaid leave.

 

[Red Bull Breeder]

Count me with Hoss. Innocent until proven guilty.

 

[tom4018]

I am an innocent until proven guilty kind of guy. What if you fire him and it is proven that he is innocent? If he us not a risk to the company....i.e thief or violent..then I would retain him until a verdict us handed down. Just my .02 worth.

I agree with the innocent until proven part. As long as what he is accused of is not related to his employment, if so a unpaid leave would be ok. A lot also depends on how good of a employee they are, if they were a great employee would CP be asking this?

 

[dixiedrifter]

I guess the question that begs is what exactly was the employee indicted for? If it was something like a DUI that is one thing, simple assault is another so would be rape or other serious charges.

 

[Rafter S]

I also think it would depend on several factors; mostly the severity and nature of the charge, and the employee's function in the company. If it's a serious charge, and he (or she, I'm assuming it's a man for no good reason) works directly with the public, then I would think letting him go, with the option of reviewing the situation if he's been found not guilty, would be prudent. If it's a relatively minor charge, and the employee doesn't deal directly with the public, I'd be more willing to let him stay.

 

[chippie]

Was he convicted for a felony or misdemeanor?
You have been given some good advice.
What does your employment contract say about such matters? If you are a 501(c) organization, your Board of Directors may need to talk to your lawyer.
Sounds like a very awkward situation.

 

[Brute 23]

I guess the question that begs is what exactly was the employee indicted for? If it was something like a DUI that is one thing, simple assault is another so would be rape or other serious charges.

DUI not a big deal? Go drinking and in danger every one else on the road and it's no big deal?

I got buddies who were charged with assault because they beat a guy up who was mistreating their sister.

 

[dixiedrifter]

I guess the question that begs is what exactly was the employee indicted for? If it was something like a DUI that is one thing, simple assault is another so would be rape or other serious charges.

DUI not a big deal? Go drinking and in danger every one else on the road and it's no big deal?

I got buddies who were charged with assault because they beat a guy up who was mistreating their sister.

I believe you were reading a little too far into my post. From a business perspective an employee who gets a DUI has a couple strikes against them. First off they may have difficulty getting to and from work. Secondly they may have a drinking and/or other substance abuse problem. As far as in the eye of public relations though it might not be the worst thing especially if it can be "spun" to make it look like you are trying to "help" the person. However if operating any sort of machinery or vehicle is part of the job description an employer risks getting sued it if anything happens. In that case the best thing to do is to follow the court proceedings and should the employee become convicted terminate the employee for being able to perform their job functions or simply wait till they cannot get a ride to work. If they show up driving their own vehicle illegally simply call the law and have them wait down the road at quitting time and when they don't show up for work the next day terminate their employment for unexcused absence.

 

[Jogeephus]

Heck, just hold him underwater for 30 minutes and if he is still alive after that he's clearly innocent and you can let him keep his job.

 

[Japody]

Although it is too late for this particular situation, this shows the importance of having employee manuals/bylaws or whatever you want to call it, that outline acceptable employee behavior and consequences of violations of said behavior. I spent many years in an organization that had these rules in place and it made the answer to your question very cut and clear. In your situation, without any of the aforesaid manuals/bylaws, you must make a decison that will protect the interests of the organization, both etically and fiscally. Consulting a labor attorney would probably be worth it in the long run. A lawsuit by the employee would be far more costly than a consultation with the attorney. Having said all that, good luck! Please let us know how you resolved this.

 

[gimpyrancher]

Didn't we go through a few situations recently in football just like this question? From Sandusky to individual players. Do we always have to wait for a court to decide? Even if judged not guilty, sometimes it's bad decisions that put them in the place to be charged in the first place. Even being charge with violence against a guy for offenses against your sister. It may depend on the circumstances and having a quorum of management to decide a business decision.

 

[I luv herfrds]

Had a very similar situation here in town. A woman was investigated for stealing from her employer. A lot of people believed her guilty and others tried the innocent til proven.
Well another former employer had an audit done and discovered a $24,000 loss while she was working for them. She was working at another place when she plead guilty. Then the place she was working at they discovered that several accounts never got the monies put on them and several gift cards had monies disappear.
She is currently in prison. They figure she stole over $100,000 dollars from various employers in this town.