Rehiring an Employee After Jail Time
Q: An employee that used to work for us was convicted of a sexual offense crime and is serving time. We filled his position when he went to jail, but the role is now open again. The individual is about to be released from jail and found out that his prior job is currently open. The employee is asking for his job back. How should we handle?
A: Due to the seriousness of the events involved in this case, the fact that the employee works with the public, that not much time has passed since conviction, that employee had previously been rehired after a former termination, and the possible risk of a negligent hiring claim, we would consider this individual “not eligible for rehire.”
The EEOC has identified the following factors for consideration in making this assessment:
- The nature and gravity of the offense(s);
- The amount of time that has passed since the conviction and/or completion of the sentence; and
- The nature of the job held or sought.
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