Employees That Have Been Charged With a Crime
When a business learns that an employee has been arrested, numerous concerns are raised. Employers are concerned both with protecting their business, and at the same time, being fair to the employee. In addition, employers need to make immediate decisions on how to deal with the issues raised. Given the current legal environment surrounding the use of criminal information, employers also need to make sure they are not stepping on any legal landmines.
In this interactive session, learn what steps and employers should, and should not; take in response to the arrest of an employee. Topics covered will include an overview of how the criminal justice system works and what employers can expect to encounter, as well as the application of the federal Fair Credit Reporting Act (FCRA), and the EEOC rules on the use of criminal records. Learn which laws may affect you and what should be in your policy and approach to this situation. The information will also be useful to issues surrounding the effective and legal use of criminal background checks before someone is hired in the first place.
Understand steps the practical and legal steps employer can take if they learn an employee has been arrested, and steps to avoid as well.
- Learn what steps employers should and should not take if an employee gets arrested.
- Understand the critical differences between an arrest, a criminal charge being filed and a conviction.
- Learn how the federal Fair Credit Reporting Act and state laws regulates the use of criminal records
- Understand the impact of the EEOC Guidance on the use of criminal records
- Steps to take to avoid inaccurate criminal results
- Audit your current practices for legal compliance
Matt Simpson is a partner in the firm’s Atlanta office, where he is a member of the firm’s Automotive Dealership and Education Practice Groups. Matt represents management in all areas of labor and employment law in state and federal courts as well as before state and federal agencies, including the Equal Employment Opportunity Commission and the United States Department of Labor.Matt’s litigation practice is focused on the defense of class and collective actions. He has handled numer... View Full Profile