Employee Arrested for Personal Issue: Can We Rehire Him Without Legal Risks?

Hi Seniors, One of our employees has not reported to work since 2nd August 2012. We sent him the absconding letter to the address available in the company's records. It was returned undelivered, stating that no one was available to collect it.

Apparently, we have come to know from the neighbors that the employee's wife committed suicide on 2nd August 2012, and the police arrested him on suspicion of murder in a harassment case. Subsequently, he was sent to remand. After one month, he returned to work on bail and is now requesting re-employment.

Please Advise on the Following:

1. Can we employ someone who has been arrested for any reason?
2. Since he has not been convicted, are there any legal precedents on this matter?

Warm regards, Rama [Phone Number Removed For Privacy Reasons]

Considering Rehiring an Employee with a Legal History

If he is an old employee of your organization, then you would know his attitude. You can bring him back into the company, but keep monitoring his activities. If there are any suspicious activities, report them to the police. If his service is important to you, then consider rehiring him, but be aware of his intentions.

Regards,
ALAM
[Phone Number Removed For Privacy Reasons]

Steps to Address Employee Legal Issues

Seek legal counsel first, and after that, conduct an independent investigation. Talk to the employee about what happened. If you want to verify the details, you can easily obtain a copy of the police report. Once you have all the facts, speak with the employee and let them know you believe there may be a problem and that you are willing to help.

It is expected that any employee returning to work after an encounter with the law may be defensive. If there are performance issues that need addressing, they will be dealt with. If there are no performance issues, the employee will be informed that the company is aware of the situation and will take appropriate action, which may include termination if they are found guilty.

If the employee has secured bail, there is no legal reason not to take him in.

Warm regards.

What action have you taken for his absence? You can issue a charge sheet and conduct an inquiry for his absence. If his past record is otherwise clean and he is a good employee, you cannot take disciplinary action for anything occurring outside the premises of the company.

Rehiring Employees on Bail: Considerations and Best Practices

Many companies have different rules and policies regarding employees who are on bail. If an employee is released on bail by the police because they are not considered a threat to society, there should be no harm in rehiring them. However, it is essential that the employee does not blur the lines between their personal life and their job responsibilities. Colleagues should also treat the employee as they would any other coworker.

It is common for people to have a negative perception of individuals who have been accused of a crime, even before considering the reality of the situation. This mindset can lead to the isolation of the accused individual, which is unfair. It is important to remember the principle of "innocent until proven guilty," which is a fundamental rule of the legal system.

To ensure a successful working environment, the employee should maintain a clear distinction between their personal and professional life in the office. Colleagues should interact with the employee normally to create a conducive work atmosphere where both the employer and the employee can benefit.

You can proceed with the disciplinary inquiry for absenteeism, which I am sure should not go against the employee as he had a very genuine reason for his unauthorized absenteeism and sufficient documents to prove the same.

Employee Status and Legal Considerations

The employee in question is an accused and not a convict, and there is no labor law that allows the combination of acts performed in private life that do not harm the company to be grounds for dismissal. It is best to reinstate the employee. I request not to mix professional and personal life unless it interferes with company matters.

Furthermore, if at a later date it is found that the employee is not guilty, would you take him back into the organization?

Regards,
Preetam Deshpande