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ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

Whoever hired her didn't do their homework.

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

Aggravated assault is anything that includes serious bodily injury, a deadly weapon could be anything from a rock to an RPG. The only thing not included in deadly weapons are hands and feet, but they can still be charged with aggravated assault. For future employee hiring, I would institute a criminal background check, as part of the screening process, as well as a policy prohibiting hiring those with certain criminal records. JMHO

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

I'm gonna go out on a limb and say "not good".

You mention the lengthy arrest record. What about convictions. I agree with the other poster, that if there were convictions for these things, that should have shown up on a basic pre-employment background check. And you likely have your termination cause right there. If she answered "no" to the question about felony convictions and it was a lie.

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

Based off of the information provided I think you should speak with whoever is in charge of HR to do a more extensive background check on new employees. I agreed with the majority, an arrest is not a conviction. These all sound like grounds for termination of employment but again, I suggest you speak with someone about implementing a new hire process. and possibly rewriting the handbook (if it's not already there).

Aggravated assault with a deadly weapon is exactly what it sounds like. The [former?] employee hit someone with a weapon deemed to be deadly, ie. pipe, bat, gun etc. Someone will come along and clarify more than I, soon.

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

I'd recommend you start conducting background checks on future employees!

Now I'm also concerned about possible retribution for termination. She has a boyfriend, and possibly other friends I don't know about.

bblhd672 wrote:

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

I'd recommend you start conducting background checks on future employees!

Yeah, well she came from a recommendation by another current employee - a middle-aged suburban housewife who brings her kid into the office all the time. That's why we let our guard down about this employee. I don't think the housewife even knows about this girl's record, or does she?

ml1209 wrote:Yeah, well she came from a recommendation by another current employee - a middle-aged suburban housewife who brings her kid into the office all the time. That's why we let our guard down about this employee. I don't think the housewife even knows about this girl's record, or does she?

Have you seen the show "Weeds"?

bblhd672 wrote:

ml1209 wrote:Yeah, well she came from a recommendation by another current employee - a middle-aged suburban housewife who brings her kid into the office all the time. That's why we let our guard down about this employee. I don't think the housewife even knows about this girl's record, or does she?

Have you seen the show "Weeds"?

No I haven't.

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

Assault is aggravated, from what I understand, if the deadly weapon is a Hi Point or a Raven .25 because it shows premeditated intent to be skanky.

I once discharged an employee who couldn't balance receipts and petty cash, which was a prominent part of the job. I appealed the Texas Workforce Commission's decision to grant unemployment compensation and lost on the basis I didn't provide sufficient remedial help with math.

Her next job was as a teller. After a couple of years she was convicted for mishandling funds. I really don't think she is a bad person, just unwilling to reject temptation. I think she couldn't resist a little shopping loan from the cash drawer, one thing led to another, and she was soon beyond what she could pay back.

I wish her the best. What she did was inexcusable, but I hope she is right with the world. I also wish I hadn't been compelled to pay higher unemployment premiums.

Unemployment insurance is a mixed bag to start with, and the Texas Workforce Commission doesn't manage it well.

If you are for sure going to let her go- do not "fire" her... (former HR guy) call it a "RIF" (Reduction in force) Firing will eventually need a reason is she files for unemployment or sues you... and in some cases drug addiction (she just needs to claim addiction and seek treatment) can be covered under medical condition or disability. Read that as a place you don't want to go!!

RIF is almost always the preferred method. And you can reevaluate the "need" for the position in a week or so.

Check with your attorney but this is how all the companies I have worked for and with, let people go. (unless there is something requiring legal action like theft, etc.)

flechero wrote:If you are for sure going to let her go- do not "fire" her... (former HR guy) call it a "RIF" (Reduction in force) Firing will eventually need a reason is she files for unemployment or sues you... and in some cases drug addiction (she just needs to claim addiction and seek treatment) can be covered under medical condition or disability. Read that as a place you don't want to go!!

RIF is almost always the preferred method. And you can reevaluate the "need" for the position in a week or so.

Check with your attorney but this is how all the companies I have worked for and with, let people go. (unless there is something requiring legal action like theft, etc.)

That's fine, but she only worked 2 days so far. We just hired her last week. So, we can't really call it a RIF.

May want to take a hint from Trump's playbook and put a hold on hiring until you shore up your vetting process.

bblhd672 wrote:

ml1209 wrote:Okay I just got off the phone with the LE agency who arrested her. They said she has a lengthy arrest record with them alone for the last 7 years. Some of the arrests are for driving without a license, criminal mischief, aggravated assault with a deadly weapon, and assault with bodily injury. Wow.

And the drug she was arrested for a few days ago is in the penalty group of hard drugs - cocaine, heroin, meth, etc.

What the heck is aggravated assault with a deadly weapon?

I'd recommend you start conducting background checks on future employees!

Nice of them to just give out arrest information to anyone calling in...Oh well, I guess it's a matter of public record anyway...but more importantly was she "convicted" of anything, or just arrested for 'being annoying' (it happens... )

I better run my gardener through e-Verify along with all his employees, so I don't have ICE knocking down my door and killing my cat with a flashbang. And where is that 1099-MISC I was supposed to send the plumber...

Sorry, wrong thread.