That website is members only
Strange - I get the same thing when I click on it.
I goggled "can employee be terminated for arrest?" and it came up on top & opened fine.
Here is the page referenced:
Termination: Reasons for Termination: Can we terminate an employee who was arrested for criminal activity outside of the workplace?
Many employers find themselves in a position where they need to determine the current employment status of an employee who has been arrested or incarcerated. Depending on the employer’s current policy or past practices, several options are available for handling such situations as they arise. An employer’s policy may simply call for treating such situations as unexcused absences and, therefore, for applying any disciplinary action that is in accordance with the current policy for unexcused absences. Another approach may be to consider handling such situations under any current company-approved unpaid policy relating to personal leave of absence.
For employers who tend to experience a higher prevalence of arrested or incarcerated workers, and depending on the nature of your business, you may find it necessary to draft a more detailed policy that specifically addresses what action the company will take when an employee is arrested or incarcerated and is going to be unavailable for work for a specified number of days (e.g., a suspension or a termination).
When you draft policies regarding arrested or incarcerated workers, it is imperative that you keep in mind that an important distinction must be made between an employee who has been arrested for a crime versus an employee who has been convicted of a crime. With this distinction in mind, you may find it more suitable to place an arrested employee on a suspended status and to terminate him or her only when the nature of the offense has a direct relationship with the employee’s job function and when the offense results in an actual conviction.
When you are faced with making decisions regarding the employment status of an employee who has been arrested or incarcerated, it is advisable that you first consult with legal counsel to ensure that the policy does not violate any federal EEO or state fair employment practice laws. You should further discuss any potential liability that may exist for negligent hiring or retention claims if you choose not to take any disciplinary action.
Regardless of what approach you as an employer decide to take in handling the issue of arrested or incarcerated employees, policies and practices should be applied and enforced fairly and consistently for all employees throughout the organization.
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www.shrm.org/hrinfo to find out more.
Please Note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC). It is provided as general information only and does not constitute and is not a substitute for legal or other professional advice. Reliance on this material is solely at your own risk. National members may reach the HR Knowledge Center by calling (800) 283-7476 and choosing option #5 or by using the HR Knowledge Center’s
Assistance Request Form found under HR Resources on SHRM Online.
