How Should Employers Handle an Employee Arrested but Not Charged? Seeking Industry Insights

Respected Seniors,

Suppose an employee of a private limited firm is arrested by the police authorities and taken into their custody or judicial custody (remand) in connection with the murder charges of his wife. Since the day he was arrested, he has not been able to attend the office. Even after a lapse of two and a half months, the police have not filed a charge sheet against him. According to their (offline) information, nothing has been collected as evidence against him. In such a case, what will be the course of action for the employer regarding his service?

When there are no clear-cut standing instructions, what will be the general practice of the industry regarding this? Please enlighten me.

Regards,
Sekhar

Dear Mr. HAIL CSV,

Communicating with Employees Accused of Misconduct

Many employers have a hard time thinking about how to openly communicate with employees who are accused for one reason or another, whether externally or internally. The unfortunate reality is that not every employee is perfect. In the case where an employee has been arrested due to an indictment, and there has been no confirmation from the police to prove the allegation, what is stopping you from retaining the employee? Actions should be taken based on confirmed evidence, such as when the police or legal authority confirms any unlawful activity.

It is important to remember that the employee is considered innocent until proven guilty. If you are uncertain about reinstating the employee, I suggest conducting a thorough reference check on their personal background. Hopefully, it will not come to this, but if necessary, you should be prepared to terminate the employee's service without causing harm to yourself or the company.

Always keep track of information related to such employees; it may prove useful during challenging situations.

Kind regards

The laws of all democratic countries promote the maxim: Innocent until proven guilty (although the reality might be different!). As the laws of the land supersede any company rules and regulations, it follows that the company should allow the worker to continue normal work. However, the company also has a duty of care and obligations to all employees. Therefore, it will have to consider the implications of having the employee back at work. How will other employees react? Will they be comfortable? Particularly as this will affect performance. As rumors will no doubt abound, will the employee himself be comfortable at work?

In my opinion, the accused employee should be suspended until the authorities have concluded their investigations. Any pay or dues to the employee during the suspension is altogether another matter.

I hope the above helps.

Regards, Harsh

Thanks for giving your opinion. But my question is, how long should the employer wait to take him back unless the police release him?

Thanks,
CSV

Thank you for your support. However, how many months should the employer wait to take him back? It will only be possible after he is released from the police or jail.

As you obviously value this employee, you can take him back immediately after release or until all investigations have been concluded. I would further advise that you communicate to the rest of the staff about his return and that the company will not tolerate any rumors or negative attitudes towards the employee.

Regards,
Harsh

Mr. S. Das, thanks for your support. But how many months should the employer wait to take him back? It will only be possible after he is released from the police/jail.

Background Verification Timeline

There isn't any specified time on how many months. The employer should gather as much information as possible for background verification of that employee. It might take days, months, or even up to a year. It depends on whether the management decides to muddle through such a time.