Category: Criminal Conduct

Quirky Question #264, Oregon Employers: Beware!

Question: I am an employer in Oregon, and I understand Oregon Governor Kate Brown signed a whole slew of bills into law on Monday which will directly impact Oregon employers. What do I need to know?

Quirky Question #246, iKnow where your iPad is

Quirky Question #246, iKnow where your iPad is

Question: Our California company intends to provide iPads to all of our sales employees, but to make sure we can locate the iPads if they are lost or stolen, we plan to use the iPads’ GPS capabilities to track their locations.  As an added bonus, we’ll also be able to track the sales employees themselves.  Any concerns with this plan?

Quirky Question #218, Minnesota Ban-The-Box

Quirky Question #218, Minnesota Ban-The-Box

Question: We are a private employer in the State of Minnesota and are expanding rapidly.  In years past, we have received hundreds, sometimes thousands, of applications for each position advertised.  In an effort to increase efficiency in the identification of qualified candidates, as well as in preparation for an anticipated round of hiring in the New Year, we plan to...

Quirky Question # 196, Obligation to Indemnify Executive Accused of Criminal Conduct

Quirky Question # 196, Obligation to Indemnify Executive Accused of Criminal Conduct

Question: I am the general counsel of a corporation in the medical device industry. Our company has its corporate headquarters in Minnesota, but we are incorporated in Delaware and have operations in 30 of the 50 states. Recently, I received a grand jury subpoena to produce documents — and learned that the Food and Drug Administration, the FBI, and the...

EEOC Guidance On Use of Criminal History in Employment Decisions

EEOC Guidance On Use of Criminal History in Employment Decisions

When Is a Proscription on Convictions an Impermissible Predilection?  EEOC Issues New Guidance on the Use of Criminal History in Employment Earlier this week, the United States Equal Employment Opportunity Commission (“EEOC”) issued updated Enforcement Guidance (“Guidance”) regarding the circumstances under which employers permissibly may, under Title VII of the Civil Rights Act of 1964 (“Title VII”), rely on arrest...

Firing Convicted Sex Offender, Quirky Question # 148

Firing Convicted Sex Offender, Quirky Question # 148

Here’s a question that you may have addressed in the past. Unfortunately, the situation arises periodically and we’re still not sure how to handle it.

We recently learned that one of our employees is a convicted sex offender and is registered with a state agency as such. We want to terminate his employment. Will we be risking liability if we do so?

Criminal Conduct by Executive, Quirky Question # 113

Criminal Conduct by Executive, Quirky Question # 113

Quirky Question # 113: We recently discovered that one of our executives opened up a joint checking account in a different state in both his name and the name of the Company.  The Company is a privately held company doing business in 40 states. The employee opened up this “joint checking account” without the Company’s knowledge or consent.  This employee...

Disclosing Information Regarding Past Felony, Quirky Question # 38

Disclosing Information Regarding Past Felony, Quirky Question # 38

Quirky Question # 38: Our company is a food retailer.  We hired a convicted sex offender, who, after serving time in prison for his felony conviction, had been released.  Given that he had “paid his debt to society,” we felt that we should not refuse to hire him because of his prior conviction.  Moreover, because the job for which he...