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Employee Arrests Raise Legal Considerations

6.2.11

Chicago Managing Partner Craig Annunziata was interviewed for the June 2 SHRM Online article "Employee Arrests Raise Legal Considerations." Craig said that the arrest of an employee, such as former International Monetary Fund Managing Director Dominique Strauss-Kahn, happens more frequently than one might think. He pointed out that in many states, employers cannot use arrest records as the basis for employment action. Frequently leaves of absence are utilized following driving under the influence charges. Craig noted that if a high-level person is arrested, something typically is worked out where the employee can take a leave of absence to focus on the charge. He also said that suspension without pay until the charges are resolved may be an option when an employee is able to post bond and tries to return to work.

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