One of the most sensitive is when an employee faces criminal charges. While each case varies, HR must balance compliance with compassion while protecting the company’s reputation and interests.
Clear policies, consistent processes, and effective communication all play important roles. HR professionals need to understand what the law permits, what the company needs, and the required details. Read more to learn how they can navigate these complex situations.
Communicate with Employees
HR should communicate effectively with employees facing criminal charges. They should focus solely on the relevant facts, not speculate. They should clearly explain the company’s policies and review process before setting expectations for the next steps. By maintaining a neutral, empathetic tone and providing written follow-ups, transparency and fairness will be ensured.
Conduct an Internal Investigation
Another important thing is for HR to conduct an internal investigation by collecting objective facts, interviewing relevant parties, and reviewing workplace policies. It is also essential to document each step, maintain confidentiality, and ensure that the process is consistent. HR can make fair, informed decisions by focusing on job-related implications and safety. This protects the individual and the organization.
Follow the Established Policies
HR must strictly follow the established company policies when an employee faces criminal charges. This ensures that decisions will be consistent and legally compliant. This step involves reviewing the relevant guidelines, applying the required procedures, and documenting each action. Sticking to clear procedures ensures fair treatment of the employee and protects the company.
Provide Them with a Lawyer
HR can support employees facing criminal charges by informing them of any available legal assistance programs. These may be employee-sponsored aid or an employee assistance program. While HR cannot offer legal advice, they can share approved resources and clarify what the company offers. If they’ve been charged with an OUI, employees might need to work with an OUI defense attorney at The Maine Criminal Defense Group.
Offer Support to the Employee
HR can support by providing access to resources such as counselling or an employee assistance program. They also help clarify workplace expectations throughout the process. By showing empathy without taking a position, HR helps reduce stress, support the employee’s well-being, and maintain workplace stability while the situation is assessed.
Prevent Impact on the Company
HR plays a large role in protecting the company throughout this process. For instance, they follow clear policies, assess operational risks, and communicate only important details to the company’s leadership. By maintaining confidentiality, recording decisions, and consulting legal counsel when necessary, they reduce liability.
Take Appropriate Action Based on the Conclusion
Based on the investigation's outcome and company policies, HR should take action to ensure fairness, consistency, and compliance. This may include disciplinary measures, role adjustments, or support programs. Clear documentation, proper communication, and legal counsel all help HR implement appropriate steps while protecting the employee’s rights and the organization’s needs.
Endnote
As HR personnel, dealing with a situation involving an employee facing criminal charges can be tricky. However, proper communication, a thorough investigation, adherence to policies, and legal assistance can make a difference. Extra support, attention to the company, and appropriate action after the verdict are also important.
