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3 Steps to Take When Your Employee is Arrested


Hearing that one of your employees got arrested could be the beginning of a difficult day on the job, especially if that particular employee was holding a key position in your company.

However, as any criminal defense lawyer will advise you – you should not panic. Keep calm, and try to solve the issues created by this scenario quickly to limit the potential damage brought upon your company.

Naturally, you will have to consider your employee as well. Depending on what they’ve done, you can go as far as to assist them and help them come clean. Here are 3 of the best steps that you can take – for both you and your company – when your employee is arrested!


Avoid Panic!

As mentioned above, the first and the best thing you can do is to stay calm and avoid panic! Keep in mind that your position as a business owner can lead to some really bad decisions on your side, especially if they’re backed by sheer panic.

For example, many business owners, once one of their employees got arrested, made decisions that got them into legal trouble as well. If you fire that employee instantly, you might be breaking certain labor laws that will most likely result in a lawsuit. 

The golden rule here is that your employee is innocent until they are proven guilty. As such, you should not make decisions that you may regret later on!


Talk and Listen to Your Employee!

The law doesn’t prevent you from asking your employee what happened and what got them arrested. Before doing something that you might regret, try to have a chat with your employee and let them explain themselves.

Wrong place, wrong time scenarios happen more often than you’d think and it’s much better to hear both versions of the story. On top of that, details provided by the employee will also let you know how to deal with the situation.


See What You’re Legally Allowed to Do!

Last but not least, it is important to determine what you’re allowed to do regarding your employee – legally. For example:


  • If the employee is expected to be locked up for a certain period that goes beyond their available free time, then you may legally dismiss them or put them on unpaid leave. 


  • If the employee’s actions – that got them arrested – are seen as unfit for their current position, then the employer may be legally allowed to terminate their contract.


  • On the other hand, employers are not allowed to fire any of their employees simply based on the fact that they have a record.


  • In most cases, the best thing to do is to provide the employee with a leave of absence or temporary suspension, until the issues are settled.


The Bottom Line

In the end, it is important to take everything that happens with one cup of calm. Some employees may get arrested for corporate espionage or other serious things, while others may be framed based on groundless accusations.

Therefore, in such a case, it is essential that the employer holds their ground and doesn’t act until a conviction/sentence is set in stone. 


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