RE: [BDSM-LegalIssues] Re: Arrest records, et al.
This, unfortunately, actually happens, far too often.
The standard "best practice" is an unpaid (or paid if the employer is
willing) suspension pending resolution of the case. There's nothing else you
can do. It's not "right" (to some value of "right") to terminate the
employee who may be totally innocent and is just going through a nasty
custody battle or something, but you have to protect the children from a
potential pedophile as well. You just can't take the chance. If the case is
resolved without any form of conviction (plea deals, no lo contender, etc)
then you can reinstate the employee. To do anything else sets you up for a
negligent retention suit.
This also happens frequently in the financial realm, someone in your
accounting office is convicted of non-job related theft. You will need to
take some sort of action until it all gets resolved. And that is generally
"unpaid suspension pending."
From: BDSM-LegalIssues@
[mailto:BDSM-LegalIssues@
Sent: Sunday, January 06, 2008 9:11 AM
To: BDSM-LegalIssues@
Subject: [BDSM-LegalIssues] Re: Arrest records, et al.
--- In BDSM-LegalIssues@
<mailto:BDSM-
wrote:
>
> --- In BDSM-LegalIssues@
<mailto:BDSM-
> wrote:
> > Let me pose a hypothetical. You run a day care center. An
employee
> > has been arrested for child molestation, but has been released on
> > bail. You know nothing more about the case other than what you
read
> > in this evening's paper. Do you allow him to report to work in
the
> > morning?
>
> How about, you investigate? Of course a daycare center should be
> concerned about child molestation. So it behooves you as daycare
> operator to get the facts, rather than just an allegation. An
unproven
> allegation - which may well have come about as the result of a nasty
> divorce - shouldn't be the basis for any decision.
How do I investigate? Who's going to pay for my time to
investigate? I'm a business owner, not a cop. I pay taxes to have
cops investigate. If he's guilty, do you think he's going to admit
it to me? How can I evaluate his cock-and-bull story?
Do you seriously think I am going to risk my livelihood and the
livelihoods of my other employees to protect someone who has been
arrested for a high profile crime? Dou you think I'm going to risk
the lives of my children? As a parent, would you allow your child to
attend a day care center in the care of someone who was arrested for
child molestation? I'd have my kids out of there so fast, the door
hinges would be in peril. And I'd notify as many of the other parents
as possible.
The potential liability for knowingly allowing a person arrested for
child molestation to remain on the premises would be astounding. I'm
going to risk my entire personal fortune for this guy?
Give me a hit off that begore you put it out.
> > Less provocative hypothetical: You run a carpet cleaning
business.
> > Your employees enter peoples homes and clean the carpets. The
same
> > employee was arrested for shoplifting. You have the same lack of
> > further information. How do you proceed?
>
> Hold a company meeting reminding all employees that theft from
> customers is a serious offense. Possibly also an individual private
> meeting with that employee.
> > Less provocative hypothetical: You run a carpet cleaning
business.
> > Your employees enter peoples homes and clean the carpets. The
same
> > employee was arrested for shoplifting. You have the same lack of
> > further information. How do you proceed?
>
> Hold a company meeting reminding all employees that theft from
> customers is a serious offense. Possibly also an individual private
>meeting with that employee.
Gee, I'm going to remind people it's not nice to steal. Can we sit
in a circle and sing Kum Bay Yah afterward? In the meanwhile I'm
putting my customers and other employees at risk. I'm increasing my
liability.
> > How about if he was arrested for DUI? He drives your company
truck.
>
> Check his driving record. That's the only legal document you should
> rely on. I think it might also be reasonable to give him a daily
> breathalyzer test for the two months or so until the DUI worked its
> way through the courts.
>
His driving record has a DUI arrest on it. That's all I need to
know. I'm not in the business of conducting daily drug tests,
meanwhile risking other people's lives and my business. Is he going
to reimburse me a thousand bucks for the breathalyzer? Are you? Why
should I have to buy one, anyway? Who's going to administer the
tests? On whose time are they done? How do I know the testing is
reliable?
Nope. Suspicion and you're gone. It doesn't even need an arrest.
If I suspect you of stealing or DUI or something that will unduly
increase my liability, you're history. If I don't like you, you're
history. There are plenty of people without those liabilities,
waiting in line for your job. After you've been acquitted, bring a
full court transcript to me, and I'll consider re-hiring you, but
I'll make my own decisions about the evidence.
- Dennis
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posted by Annja Sue at
9:40 AM
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