What to Do if an Employee is Imprisoned
Aside from legal considerations, employers need to take into account how an arrest will affect the business. An incarcerated employee directly impacts the organization’s operations and reputation. If you have an employee who has been arrested, take the time to consider your options before deciding to fire him.
Things to Consider if an Employee Got Arrested
The first thing to do is gather as much information as possible about your incarcerated worker. It may be worth a trip to the courthouse or vista facility detention to obtain their arrest record. Another option is to use an online database to locate a nearby jail or prison. Depending on the offense, an employer may be able to offer paid leave to a convicted felon.
You will also want to consider whether the incarcerated employee can return to work. This will depend on the length of their sentence and whether or not they are rehabilitated. In most cases, an employee must be on a modified or inactive status before being rehired.
It’s common for an employee who has been in prison to be absent from the office for a long time, which can lead to an ineffective workforce. Depending on the situation, an employer could move the employee to a less public job or restructure the team to cover the essential duties.
Although an arrest may be the subject of a lawsuit, it doesn’t mean your company needs to do anything illegal. There are laws governing the use of information obtained in an arrest, and employers should only divulge this information on a need-to-know basis.
Research About your Employee’s Circumstances
It would be best if you also do a little research to learn more about your employee’s circumstances. There are many options to choose from, but the best plan is to approach the situation with a level head. Not only can panicking lead to a misguided decision, but it can also cost you an expensive lawsuit.
One of the best ways to find out more about an employee’s arrest is to ask them. In fact, some companies have their arrest self-disclosure policy, which allows employees to disclose the incident to the company upon release. However, if you’re uncertain about how to go about this, it’s a good idea to consult an attorney.
Using an online database or calling emergency contacts will allow you to get the needed facts. Most state and federal jurisdictions have websites and databases for this type of information. Make sure to read the privacy policies before releasing any information, and be aware that in some states, asking a suspect for a tip on an upcoming trial can be a bad idea.
While at it, ensure you don’t violate any other employees’ rights. You may need to check state and federal laws before making a final decision, but you will likely be rewarded for your good faith.
There are numerous ways to support an incarcerated employee. Follow these suggestions, and you’ll be well on your way to a smooth and successful incarcerated employee transition.