About this Opinion Article


Life happens. Sometimes, employees have a lapse in judgment or external situations that cause erratic and unlawful behavior. Now, as their employer, what is the best way to handle these situations on behalf of the company?

"The fact of an arrest does not establish the criminal conduct has occurred, and that an exclusion based on an arrest, in itself, is not job-related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unsuitable for the position in question." - U.S. Equal Employment Opportunity Commission (EEOC)

Written by ESR founder and CEO Attorney Lester Rosen, we'll discuss eleven steps you can to take to handle this type of situation.

We'll cover:

  • The repercussions of making a quick decision
  • Why is gathering more information is key
  • Do they still have privacy rights after the fact?
  • And much more