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Criminal Convictions during employment

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Molly'sMom

Junior Member
What is the name of your state (only U.S. law)? California

If someone is currently employeed and they get arrested, convicted and have done sometime for 2 instances of domestic violance and one assault charge during their employment, but the employer does not know about it, can they be fired if the employer finds out? Will the employer run a criminal background if they suspect this has happened?

Domestic violance #1, got probation
Domestic violance #2, did 3 days in jail and 1 year anger managment classes.
Assault: 7 days in Jail.

The person in question told the company he/she needed to take vacation time and was sick on one of those occassions. So as far as I know, the employer does not know about these convictions.

Any insight would be great.
thanks.
 


Zigner

Senior Member, Non-Attorney
Of course the employee can be fired if they find out. Heck, the employee can be fired even if they DON'T find out about it!
 

Molly'sMom

Junior Member
thanks. Now that I re-read my posting, it does should weird. I guess what I meant to say was: the employee in question has told me this in confidence. He/She has started obsessing over a fellow co-worker (who is married and doesn't want his/her advances). My friend is afraid to say anything about it. We all work for the same employer. I was wondering if it would be justifiable of me to say to the employer that the employee has told me he/she has had convictions, or should I not say anything...
 

Antigone*

Senior Member
thanks. Now that I re-read my posting, it does should weird. I guess what I meant to say was: the employee in question has told me this in confidence. He/She has started obsessing over a fellow co-worker (who is married and doesn't want his/her advances). My friend is afraid to say anything about it. We all work for the same employer. I was wondering if it would be justifiable of me to say to the employer that the employee has told me he/she has had convictions, or should I not say anything...
Who are you in this whole thing? What position do you hold?
 

Zigner

Senior Member, Non-Attorney
thanks. Now that I re-read my posting, it does should weird. I guess what I meant to say was: the employee in question has told me this in confidence. He/She has started obsessing over a fellow co-worker (who is married and doesn't want his/her advances). My friend is afraid to say anything about it. We all work for the same employer. I was wondering if it would be justifiable of me to say to the employer that the employee has told me he/she has had convictions, or should I not say anything...
I'm pretty keen on the "MYOB" philosophy.
 

Molly'sMom

Junior Member
I am just a worker bee. I befriended this guy at work, who is also a worker bee. We started taking walks during lunches as exercise.... he started telling me about his X.... and that he has been arrested and convicted of these charges but the company doesn't know. He's been there 15 years and the convictions occured during his employment in his 5th, 7th and 12th year. He stated "he told me cause he felt he could trust me". I have a girlfriend who is also nothing more than a worker bee. This guy has started flirting with her and she's asked him to stop (she's married). He doesn't stop and he told me "her husband doesn't care about her.... he's better for her......etc... This behavior has started to bother me and she is afraid to go to HR....I have stopped associating myself with him, but he continues to bother her.... I was wondering if since he has told me about these convictions, am I obligated to tell our employer, or should I stay out of it, and not do anything.
 

Antigone*

Senior Member
I am just a worker bee. I befriended this guy at work, who is also a worker bee. We started taking walks during lunches as exercise.... he started telling me about his X.... and that he has been arrested and convicted of these charges but the company doesn't know. He's been there 15 years and the convictions occured during his employment in his 5th, 7th and 12th year. He stated "he told me cause he felt he could trust me". I have a girlfriend who is also nothing more than a worker bee. This guy has started flirting with her and she's asked him to stop (she's married). He doesn't stop and he told me "her husband doesn't care about her.... he's better for her......etc... This behavior has started to bother me and she is afraid to go to HR....I have stopped associating myself with him, but he continues to bother her.... I was wondering if since he has told me about these convictions, am I obligated to tell our employer, or should I stay out of it, and not do anything.
Stay out of this. It really isn't any of your business and in the end could cause you grief.
 

Isis1

Senior Member
Definitely stay out of it. The employer CAN fire , but they are not required by law to do so. Unless his job is a public safety issue.

If she is being sexually harrassed, she needs to speak up for herself.
 

Beth3

Senior Member
No, you're not obligated to inform the employer and I suggest you don't. What I do suggest you do is tell your female co-worker to report his repeated and unwelcome advances (which may be sexual harassment) to her supervisor and/or HR so they can put a stop to it.
 

st-kitts

Member
If you feel your coworker is being sexually harassed, you should read your company's anti-harassment policy. California has very strict anti-harassment laws and your company's policy may address the stringent laws by requiring its associates to report any harassment that they believe may be occurring in the workforce. I would encourage you to report your concerns and let HR determine if it merits investigation.

Finally, keep in mind that neither your employer nor the coworkers can retaliate against you for making a good faith report. If they perform an investigation and she was not being harassed, in the legal sense, you should not face any negative consequences.

Finally, while I doubt the employer will consider taking any actions about DV that occurred years prior, it might make your female coworker more likely to be stalked. Keep her safety in mind as you assess the situation.

Good luck.
 

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