Child Abuse Criminal Arrests
If a criminal arrest impacts the ability of an employee to perform their assigned duties, it may be necessary for the employer to suspend the employee without pay. The nature of the criminal charge and the interaction of the arrested employee with fellow employees and customers will be taken into account. The arrested employee can return to work if the charges are dropped or the employee is acquitted. If the prosecution is able to obtain a conviction, the employee will usually be dismissed in such cases.
An employer cannot discriminate against an employee that has been arrested for child abuse. The employer has an obligation to observe the policies and procedures that have been established as a condition of employment. The employer must also treat every employee in the same manner.
While one employer may choose to grant an incarcerated employee a personal leave, another employee may decide to count an employee’s time away from the job as an unexcused absence. Any employee that exceeds the maximum number of unexcused absences can then be terminated.
When an employee is forced to be absent from work due to an arrest or conviction, there are a number of other variables that need to be considered. The employee may be eligible for one of the following:
- Leave without pay
- Use of vacation time during unexcused absence
Hire a Child Abuse Attorney
Child abuse charges are taken very serious in the state of Texas. If you are arrested and convicted, your career may be severely damaged. The best way to prevent this is to hire a criminal defense attorney to fight for your rights. Call Brett A. Podolsky today at 713.227.0087 for a free case evaluation.
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