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  1. #1

    Default Process for informing current employer about misdemeanor conviction

    I am currently involved in a shoplifting case, a disorderly persons offense for shoplifting in NJ, but I work in New York, just so you know that states I'm dealing with. The case is still pending, but I wanted to be prepared if I am found guilty. That's why I'm posting this thread.

    My employer's Code of Conduct states that I am required to inform the General Counsel in writing of the conviction.

    My questions are:

    1) What is an appropriate time period in which to inform my employer of the conviction (in case I'm found guilty)? I was thinking a week after the conviction?

    2) What type of information/explanation should I disclose in writing? Is there a template I can use?

    3) Since I am working with a private attorney on this matter, can I have him write the letter?

    4) Should I inform my boss/manager before I send the letter to the General Counsel's office? My manager and I get along very welll and have worked together for almost 5 years. Since we have a good relationship, should I disclose this to him BEFORE going to the General Counsel?

    5) Do you think the General Counsel will keep this confidential and NOT tell my current manager? Will the General Counsel's office tell HR about this?

    6) What kind of disciplinary action can/will they take against me?

    7) Do you think I will get fired? I have been at the same company for almost 10 years and have an excellent reputation and promoted several times.

    I am very scared that I will lose my job.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Process for informing current employer about misdemeanor conviction

    Quote Quoting veryscared01
    I am currently involved in a shoplifting case, a disorderly persons offense for shoplifting in NJ, but I work in New York, just so you know that states I'm dealing with. The case is still pending, but I wanted to be prepared if I am found guilty. That's why I'm posting this thread.

    My employer's Code of Conduct states that I am required to inform the General Counsel in writing of the conviction.

    My questions are:

    1) What is an appropriate time period in which to inform my employer of the conviction (in case I'm found guilty)? I was thinking a week after the conviction?

    2) What type of information/explanation should I disclose in writing? Is there a template I can use?

    3) Since I am working with a private attorney on this matter, can I have him write the letter?

    4) Should I inform my boss/manager before I send the letter to the General Counsel's office? My manager and I get along very welll and have worked together for almost 5 years. Since we have a good relationship, should I disclose this to him BEFORE going to the General Counsel?

    5) Do you think the General Counsel will keep this confidential and NOT tell my current manager? Will the General Counsel's office tell HR about this?

    6) What kind of disciplinary action can/will they take against me?

    7) Do you think I will get fired? I have been at the same company for almost 10 years and have an excellent reputation and promoted several times.

    I am very scared that I will lose my job.

    My response:

    Click on the link, and read this familiar thread. Then come back with any questions:

    http://www.expertlaw.com/forums/showthread.php?t=11795

    IAAL

  3. #3

    Default Re: Process for informing current employer about misdemeanor conviction

    Thanks for sending the link.

    However, I would like clarification on questions 1 through 5 if anyone can shed some light on the appropriate way to go about informing my employer about what happened.

    I just want to handle it correctly, so my employer knows how much my job means to me, and that this "event" will never happen again and I am very sorry about it.

  4. #4
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Process for informing current employer about misdemeanor conviction

    My questions are:

    1) What is an appropriate time period in which to inform my employer of the conviction (in case I'm found guilty)? I was thinking a week after the conviction?

    MY RESPONSE: Whatever is mandated in your Employee Manual. If nothing is said, inform your employer as soon as practicable.



    2) What type of information/explanation should I disclose in writing? Is there a template I can use?

    MY RESPONSE: There is no "template." Give whatever information is required by your Employee Manual.


    3) Since I am working with a private attorney on this matter, can I have him write the letter?

    MY RESPONSE: Sure. For a price.



    4) Should I inform my boss/manager before I send the letter to the General Counsel's office? My manager and I get along very welll and have worked together for almost 5 years. Since we have a good relationship, should I disclose this to him BEFORE going to the General Counsel?


    MY RESPONSE: Why? Other than having a "rap session," I can see no benefit to this. You are still required to follow and comply with the mandates of your Employee Manual.


    5) Do you think the General Counsel will keep this confidential and NOT tell my current manager? Will the General Counsel's office tell HR about this?

    MY RESPONSE: As to both questions, I have no idea. Confidentiality is usually an agreement between to parties - - but neither party is compelled to agree to confidentiality. However, your potential conviction is public record for anyone to see, at any time.


    IAAL

  5. #5

    Default Re: Process for informing current employer about misdemeanor conviction

    I read through all of my company's policies and procedures and Code of Conduct and all it says about a notification of a criminal conviction is that the General Counsel's office is supposed to be notified in writing.

    Can someone provide a format for a letter or tell me what type of information I should include? I want to comply with the regulations in the Code of Conduct, but only want to give the minimal information that is required.

    Should I apologize for the incident and remind them that I have been a very good employee in good standing for almost 10 years (execpt for this one incident) in the letter?

    Any guidance would be appreciated.

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