If a former employee has been arrested for a crime but not yet convicted, what responsibilities do we as a business have to inform our customers?

UPDATED: Dec 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 12, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a former employee has been arrested for a crime but not yet convicted, what responsibilities do we as a business have to inform our customers?

What is our risk of slander if we inform our families since he is not yet convicted? Or conversely appearing to cover up the fact if we don’t inform our families since we know he has been arrested? We are a school and the alleged crime is of a sexual nature.

Asked on December 12, 2011 under Business Law, Montana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that the best way to handle the situation is to immediately contact an employment attorney as to the best way to handle the situation. My inclination is to place this particular employee on leave with pay pending the final result of the charges pending against him and say nothing to any of the clients of their parents. In this country, one is presumed guilty of a criminal offense until proven guilty.

If you have an employee handbook for your school, I suggest that you carefully read it in that it could possibly set forth the protocol in how to deal with the employee who was arrested for a crime of a sexual nature. Given the fact that he is an employee of a school, you have a tight rope to walk across on this situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption