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I have an employee that has been arrested for domestic violence. I was informed of the arrest by his spouse. He is likely to miss an extended amount of work due to previous charges. I have not spoken with him as of yet to hear his version of the truth. What are my obligations to this employee? 1 year with the company.
Morally reprehensible behaviour, especially if "off-duty" conduct, is not necessarily cause for termination. The off-duty conduct must be prejudicial to the employer's interests (for example, as can sometimes happen if the individual is publicly identified (e.g., in the media) as being an employee of a specific employer) or it must interfere with the individual's discharge of employment-related obligations - such as attendance at work. In the event of incarceration, the employee is likely to be able to attend work, in which case there may be grounds for termination. However, especially in these early stages, you may not necessarily be in a position to make a fully-informed decision as to whether or not (or to what extent) this individual's predicament will interfere with his employment. I have seen many situations where the employer presumes that the individual will need to be absent for an extended period only to find that the individual presents for work in a day or two. Because we don't know the precise nature of the job, the business and the criminal proceedings, there are limits as to what we can advise. However, in a vacuum, you would be well advised to consider granting a time-limited, temporary unpaid leave pending receipt of further information as to this individual's precise circumstances. Once you have the information you require to understand his situation/your obligations, you will be in a position to make a fully-informed decision as to this individual's employment status. You may also wish to consider contacting us directly to arrange a consultation so that we can provide more detailed guidance specific to the circumstances.