How to handle an employee who commits or is charged with a crime

Handling an employee who has been charged with, or convicted of, a crime can be challenging for HR professionals. Unlike many other HR issues, it is generally not appropriate to handle each arrest or conviction in the same manner.

Factors employers must consider when determining how or even whether to discipline an employee who has been charged with or committed a crime include:

• Whether the alleged criminal conduct occurred on the employer’s premises or during working hours;
• Whether the alleged crime is related to the employer’s business interests;
• Whether the alleged crime violates the employer’s ethical standards or impacts the employer’s reputation; and
• Whether the employee has been convicted of the crime, or merely has been charged.

In this guide, learn about:

• Step 1: Determine whether collective bargaining agreement applies
• Step 2: Document notice of behavior
• Step 3: Refer to written conduct policies
• Step 4: Conduct a thorough investigation
• Step 5: Discern site of the crime

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