Avoiding Legal Pitfalls When Employees Are Arrested Off Duty
Sometimes employees get arrested for alleged crimes while off duty, and it’s better for employers to be prepared and know what to do beforehand than to find themselves in legal jeopardy after the fact. The right move for employers depends on the type of alleged crime, the type of job, and the location. Quick Hits Employers may have to deal with workflow or staffing issues, or even reputational harm, when an employee is arrested for an alleged crime while off duty. A workplace investigation may be needed in some cases to decide the proper disciplinary action. State laws, employment contracts, union contracts, and employee handbooks may play a role in determining any disciplinary action. One of the first steps an employer can take after an employee is arrested is to assess whether the conduct violated professional ethics rules, the employee handbook, or the union contract. Many employers stipulate in their employee handbooks or union contracts that employees must act in an ethical, pro...