We have an employee who was recently arrested for felonious assault (not related to her work). She has not yet had a hearing. I know that we don't hire people with a felony on their record, but what about current employees? This was a situation where she stepped in the middle of something and got herself in big trouble. In our employee code of conduct policy, we state that employees should conduct themselves in a manner that would not embarrass themselves or the bank. Management has not decided what course to take. Has anyone encountered this situation and if so, what has been done?

I would at the very least suspend the employee without pay pending the outcome of the trial and confiscate all keys and combos immediately!!!!

Don't risk wrongful discharge. Call your bank's counsel and get advice before you suspend or terminate.

If you're a National Bank, I don't think there is such a thing as wrongful discharge.

aren't you all forgetting about a little thing called "due process?" you are ready to fire this person based on an allegation. here's another idea that this country was founded upon....,"innocent until proven guilty." the charge is assault--NOT armed robbery.

I agree with consulting your lawyers on this one. Personnel issues can be very sticky.

You said your employee "stepped into the middle of something" and got into trouble. It's entirely possible she stepped in with honorable and even laudable intentions, and is being charged under the "no good deed goes unpunished" version of Murphy's Law.

We've had cases (no employees, thankfully) recently in which someone stepped in to protect someone else from an apparent assault and battery, and ended up having assault charges filed against him for being a good Samaritan.

Don't can this employee unless she's found guilty.

I would also check your code of conduct policy. If you don't have one, this would be a good reason to get one.

Anonymous:

If your employee was arrested and a criminal complaint was filed against her (sometimes the prosecuting attorney won't issue one after an arrest), I suggest that you suspend the employee -- with pay -- until she furnishes you with a copy of the police report.

Meet with your Security Committee and the Human Resources Manager -- with the employee -- and review the report and interview the employee. Determine her probable involvement and then decide what to do next, after you consult the bank's legal counsel.

Barring employment -- initial or continuing -- to applicants who have a demonstrated history of violence has become an industry-standard security practice. But if the act of violence was a response to an attack (self-defense), then I don't believe that termination is appropriate.