A criminal background check on a new employee has revealed that the employee has a warrant for his arrest (drunk driving). The warrant does not appear to have been resolved. Can we discuss this matter with the employee? If so, and if the employee indicates that the matter has been resolved in the courts, can we request documentation? And if the employee is unable to provide substantiation, are we allowed to fire the employee?
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“First off, you can–and should–discuss the situation with the employee. You may request/require documentation supporting the employee’s statements, but as far as termination is concerned, you really want to wait until the matter is resolved in court. If, on the other hand, the employee is absent or a “no show,” you have another situation entirely. It all depends on the question on the application regarding criminal convictions or pending cases. If the applicant said “no” to the question, but there is a pending case, now it’s not a matter of what the case is about, rather that he/she lied on the application. It’s a good idea to check with general counsel or a labor attorney before moving forward.”
Jared Callahan is marketing director of Employment Screening Resources in Novato.