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Answers to tricky HR questions: Worker gets arrested — what now?

Jim Giuliano
by Jim Giuliano
December 22, 2009
1 minute read
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Our team of experts fields real-life everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: We got a report about an employee’s drug-related arrest. What action should we take?
Question:
We learned through a local newspaper that one of our employees was arrested recently for DUI and drug possession. We’re concerned about workplace safety and other issues — his manager said there were suspicions that the employee had used drugs on the job.
What do we do now?
Answer:
Conduct an independent investigation, recommends employment-law attorney Roy Ginsburg.
First, talk to the employee about what happened. If you want to verify his version of the events, you could also get a copy of the police report.
Once you have the facts straight, speak with the employee and let him know you think he has a problem and that you want to help.
If he’s defensive, noncommittal or defiant, those are red flags. You might want to go to the next step, such as requiring that he take a drug test.

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