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I have a hypoethetical employee who is not a stellar employee, who was incarcerated for Domestic Violence on his wife. He did not call the office, but had a family member call on his behalf. He was not at his work for over a week, and I am interested in options of termination or not.
Maybe unexcused absence not authorized in excess of 3 days . . . . is he a protected class now that he was incarcerated? Any opinions please.
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Touchy area. If the employee is incarcerated for an extended period of time and/or the absence has an affect on the business you can terminate. Make sure you keep excellent records of time missed from work and what affect it has on the business. The time away in jail would be unpaid leave.
If the employee is convicted, the crime may be grounds for termination. If the employee is convicted of forgery and is your accountant, then you have reasonable grounds for termination.
My advice would be to double check with an attorney.
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You have grounds for termination! You could also do a layoff and write a Lay-Off letter saying the workload is to great to have him miss work. Document everything as the other gentleman stated.
The same thing but more serious happened to one of our employees. We are waiting to hear from his attorney before making anything final because he was a great worker. Being incarserated is not grounds for termination since the crime was committed at home and he was away from work. Criminal Law protects criminals and there jobs. Always keep in mind they could get a Bond and get out for whatever time period deamed from the Judge and come back to settle things at work. Like they always say, "Innocent until proven guilty".
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