It’s every employer’s worst nightmare: one of their employees gets arrested. What should they do? Panic? Call a lawyer? Terminate the employee on the spot?
While it may be tempting to take any of these steps, it’s important for employers to remember that each situation is unique, and they should consult with a lawyer before taking any action. In this article, we’ll discuss what an employer should do when an employee gets arrested and provide some tips on how to handle the situation.
What to do when an employee gets arrested:
When an employee gets arrested, it’s important for the employer to remain calm. Acting out of anger or frustration will only make the situation worse. Instead, try to gather information about the arrest and what’s going to happen next. This information will help you decide what steps to take next.
Find out as much information about the arrest as possible:
The first step in dealing with an employee who has been arrested is to find out as much information about the arrest as possible. This includes finding out where and when the arrest took place, what the charges are, and whether the employee has been released from custody. The employer should also reach out to the employee’s lawyer to get more information.
Decide whether to terminate the employee or keep them on staff and help them through the legal process:
If an arrest happens during work hours or at a place where the employer can be held legally liable for their behavior, then they are typically terminated immediately. For example, if an employee gets arrested for allegedly stealing merchandise from a retail store, they are usually terminated on the spot.
If an arrest did not happen during work hours or at a place where the employer can be held legally liable for their behavior, then it is up to the employer’s discretion when deciding whether or not to terminate them.
Additionally, if an employee gets arrested for a specific case such as immigration issues, then the employer should consult with their human resources and legal department for guidance. It is important to understand the potential risks involved with keeping an employee on staff.
Consult with a lawyer to get advice on how to proceed:
If the employer is unsure of what to do, they should consult with a lawyer to get advice on how to proceed. The lawyer can help them understand their legal obligations and what steps they need to take to protect themselves and their employees. They can also help them understand the best way to deal with an employee who has been arrested.
For instance, an immigrant employee has been arrested for entering the U.S. illegally. The employer may need to consult with a lawyer to determine the best course of action because this arrest could have serious implications on their immigration status. A concerned employer can find out some information about immigration bonds so they can better understand what steps to take from thereon.
Cooperate with any legal proceedings that may take place:
Once the employer has gathered information about the arrest, they should cooperate with any legal proceedings that may take place. This includes providing information to the police and cooperating with any investigations that are taking place. They should also ensure that all employees are aware of the company’s policies and procedures in regard to arrests.
Keep the information confidential:
The information about an arrest should be kept strictly confidential. If other employees find out, it can cause tension and morale issues within the company. It is also important to prevent rumors from spreading throughout the community because this information could hurt their reputation or even lead to legal action against them.
Support the employee and their family during this difficult time:
The employer should also support the employee and their family during this difficult time. This includes providing them with information about resources that are available to them, such as legal aid or counseling services. The employer can also help the employee get in touch with their lawyer and keep them updated on the progress of the case.
Final thoughts:
When an employee gets arrested, the employer should take some initial steps to gather information about the arrest. They should then decide whether to terminate the employee or keep them on staff and help them through the legal process. It is important to consult with a lawyer to get advice on how to proceed. The employer should also cooperate with any legal proceedings that may take place and keep the information confidential. Finally, they should also support the employee and their family during this difficult time.