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It's fair to discipline an arrested employee in these five instances

by , 02 September 2014
You must tread carefully when dealing with employees who have been arrested or were arrested.

If you act on instinct and just dismiss your employee on the spot, your decision could land up costing you for reinstatement or compensation.

Don't take chances! Know the facts before you act.

Read on to discover the five instances when it's fair to discipline an arrested employee so you won't find yourself on the wrong side of the law.


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Five instances when disciplining an arrested employee may be considered fair


You can discipline your employee if:

#1: He was able to return to work after being released but, for no good reason, didn't.

#2: His crime brought the name of your business into disrepute.

#3: His crime affected the trust relationship between the two of you.

For example, you run a security firm and the arrested employee was wearing your company's uniform when he committed a crime and your company's name was clearly visible on the uniform – and you can prove it.

#4: He committed the crime while pretending to be acting on behalf of your business. This clearly affects the trust relationship.

For instance, you run an auditing firm and your employee misuses the authority of your company's name to defraud one of your clients.

#5: He committed a crime against your business.

For example, your accountant embezzles your company's money and goes to jail. If you hold a disciplinary hearing and prove him guilty, you'll probably be able to fire him. But the dismissal isn't for being in prison, it's for stealing your company's money.

Remember, if your employee commits a crime against you, you can hold a disciplinary hearing in addition to laying a criminal charge at the police station. You don't have to wait for the outcome of the criminal case before setting up the disciplinary hearing, says the Labour Law for Managers Loose Leaf Service

There you have it. Disciplining an arrested employee may be considered fair in these five instances.

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