When an employee is facing charges for a violent criminal offense, you'll need to navigate the situation in a way that balances legal compliance and employee rights while maintaining your business operations. It's a serious situation that demands your immediate attention, but it needs to be done right. 

Here are some tips for handling the situation effectively.

Get a lawyer right away

Once you learn that an employee is facing criminal charges, it's wise to consult an attorney. “When an employee is charged with a serious crime, it's crucial to protect your business,” according to a lawyer fromSBBL Law. “Investigations often extend beyond the individual to examine workplace conduct and policies.”

You also want to avoid violating your employee's rights. For example, if you automatically terminate their employment, they might have legal grounds to sue you for discrimination or other violations of their rights as an employee.

If their arrest impacts their job, you might have a legitimate reason to suspend or fire them, but this is a fine line that only an experienced employment attorney can determine.

Talk to your employee

Have a conversation andask your employee to explain the situation to get their perspective. Don't assume they did something wrong intentionally. They could have been in the wrong place at the wrong time, or it might have been a matter of self-defense. Even when they agree to talk about it with you, you should still obtain their arrest record to gain additional insights they might not share.

When you do talk to them, document the conversation with notes because you might need that information to substantiate your decision to suspend or terminate them from their position. For example, the content of your conversation could be used to establish the fairness of your disciplinary action.

Assess the risk to your workplace

Conduct an immediate risk assessment of your workplace, including any potential threats to your other employees, customers, clients, or business assets. Since their offense is violent, it might be in your best interests to suspend the employee indefinitely until their case is completed. As long as you follow company policy and employment laws, it's probably safe to put them on administrative leave. However, don't make this decision without talking to your attorney first.

If you do suspend or fire your employee, implement temporary security measures, like changing locks and access codes, removing their access to company accounts and data, and increasing physical security personnel presence if needed.

Communicate the situation to your team

If you chose to place the employee on administrative leave or ended up firing them, you may want to inform the rest of your team regarding the situation. Let them know that they should not allow them into the building, or give them access to anything business-related. It's up to each individual if they want to make contact with the employee facing charges, but if they do, it could make them part of the investigation.

Maintain confidentiality

Confidentiality is crucial when you have an employee who has been arrested. Whether or not they are still working for you, it's critical to maintain confidentiality. Only reveal details on a need-to-know basis to those involved in making employment decisions. No matter what you believe, don't tell anyone if you think the employee is guilty, because that can come back to bite you later. If you aren't sure what you can and can't do, talk to your HR department as well as your attorney.

Where their coworkers are concerned, only disclose the necessary information required to keep your business secure, such as informing others that the employee is not to be given access to company data.

Verify legal compliance

Depending on your industry and the employee's professional certifications, you might be required to report their arrest to a regulatory agency. Generally speaking, most professions that require a background check alsorequire self-reporting at some point, if not immediately following the arrest. If you don't know if this applies to your situation, ask your lawyer.

Be professional and polite, but firmly protect your business

Handling a situation where an employee is facing violent criminal charges requires professionalism, kindness, and firm decisions that protect your business. While it's probably okay to put them on administrative leave pending the outcome of their case, be cautious about firing them. 

Consulting an attorney is the only way to ensure you don't violate your employee's rights.