Virginia sex offender registry workplace. What to Do When an Employee Is Listed as a Sex Offender on a Megan’s Law Registry.



Virginia sex offender registry workplace

Virginia sex offender registry workplace

According to the Web page, the employee had a conviction from a few years back for indecent assault. No doubt about it: The tricky question for employers is: What action, if any, should they take? Not surprisingly, employees react adversely to news that one of their coworkers is a convicted sex offender. Second, some states limit the degree to which an employer may consider any criminal history.

On the other hand, negligent hiring and negligent retention are common law tort claims recognized by many states. Negligent hiring refers to the hiring of individuals whom the employer knew or should have known were unfit for hiring. Negligent retention refers to retaining employees who were unfit for continued employment.

Prehire Due Diligence Generally, employers should avoid surprises like the one experienced by the office manager described above by exercising proper prehire due diligence with all employees.

A good practice is to ask employees on applications whether they have ever been convicted of a felony and, if so, to disclose details. Employers also must train managers to effectively interview job candidates and to conduct background checks. By making sure these practices are carried out, employers can identify applicants whose criminal history potentially may serve as a legitimate basis for rejection. Working with legal counsel, the employer initially should confirm preliminary information, then assess the capacity in which the employee works, paying particular attention to items such as the amount and type of exposure to others.

Independently Gather and Assess Information. With risk addressed in the short term perhaps by removing the employee from customer contact , the employer should thoroughly investigate the situation while, at the same time, working with legal counsel to determine what legal obligations or limitations exist.

At a minimum, the investigation should include the independent review of court records related to the conviction. With the investigation completed, the employer should take appropriate action. There will be circumstances in which it is patently obvious that the employee is not suitable for employment.

Many cases, however, will be closer calls, and the employer will need to err on the side of caution and then be prepared to defend its decision. The office manager described above determined she could not keep the employee on the payroll because the employee did pose a potential risk.

Regardless of the outcome, the employer had taken appropriate steps to protect itself and the people in its workplace.

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Virginia sex offender registry workplace

According to the Web page, the employee had a conviction from a few years back for indecent assault. No doubt about it: The tricky question for employers is: What action, if any, should they take? Not surprisingly, employees react adversely to news that one of their coworkers is a convicted sex offender. Second, some states limit the degree to which an employer may consider any criminal history. On the other hand, negligent hiring and negligent retention are common law tort claims recognized by many states.

Negligent hiring refers to the hiring of individuals whom the employer knew or should have known were unfit for hiring. Negligent retention refers to retaining employees who were unfit for continued employment. Prehire Due Diligence Generally, employers should avoid surprises like the one experienced by the office manager described above by exercising proper prehire due diligence with all employees.

A good practice is to ask employees on applications whether they have ever been convicted of a felony and, if so, to disclose details. Employers also must train managers to effectively interview job candidates and to conduct background checks. By making sure these practices are carried out, employers can identify applicants whose criminal history potentially may serve as a legitimate basis for rejection.

Working with legal counsel, the employer initially should confirm preliminary information, then assess the capacity in which the employee works, paying particular attention to items such as the amount and type of exposure to others.

Independently Gather and Assess Information. With risk addressed in the short term perhaps by removing the employee from customer contact , the employer should thoroughly investigate the situation while, at the same time, working with legal counsel to determine what legal obligations or limitations exist.

At a minimum, the investigation should include the independent review of court records related to the conviction. With the investigation completed, the employer should take appropriate action. There will be circumstances in which it is patently obvious that the employee is not suitable for employment. Many cases, however, will be closer calls, and the employer will need to err on the side of caution and then be prepared to defend its decision.

The office manager described above determined she could not keep the employee on the payroll because the employee did pose a potential risk.

Regardless of the outcome, the employer had taken appropriate steps to protect itself and the people in its workplace.

Virginia sex offender registry workplace

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3 Comments

  1. For instance, a day care center could legitimately defend its decision to reject an applicant with a prior indecent assault conviction. Negligent hiring refers to the hiring of individuals whom the employer knew or should have known were unfit for hiring.

  2. Does the state frown upon consideration of temporally remote convictions, even if they involved serious crimes? It likely would depend upon several factors, including the nature of the act that led to the conviction, how long ago the crime was committed and how much exposure to customers the individual has on a daily basis. Jeff Baker, whose division oversees the sex offender registry and investigative unit.

  3. Many cases, however, will be closer calls, and the employer will need to err on the side of caution, and then be prepared to defend its decision. If an arbitrator subsequently awards reinstatement, the employer can later demonstrate that it only kept the employee on the payroll because an arbitrator so ordered.

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