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Can an Employer Dismiss an Employee Who Was Arrested?

By Penny Morey

Opinions expressed by Entrepreneur contributors are their own.

We have an employee who was arrested for drug possession, can we take him off the schedule, even if he got out on bond and is able to work? We are a health-care facility.

Some companies have policies in their manuals covering this kind of situation. Because you asked this question, I am assuming that you do not have such policies in place. I am also assuming that you want to terminate this individual’s employment instead of waiting to see the outcome of his arrest.

I do not know if you are located in an "employment at-will" state. But if you are, you can terminate this employee at any time. This would also assume that you have no employment contract with the employee and/or a written policy stating to the contrary.
 

Penny is a seasoned human resources executive and consultant with over 25 years of diverse business experience in advising enterprise leaders on employment-related matters.

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