Legal Question in Employment Law in Massachusetts
company drug policy
I am in the process of defining a company drug policy and would like your recommendation on the following paragraphs.
�If you are charged with the violation of any state or federal statute, you must notify the Blue Night Aviation, Inc. designated employer representative within 5 days. Any conviction may be grounds for termination.�
I am thinking that the word charged should be charged to the word Convicted. If you were falsely charged why would an employer need to know that?
Any help you can offer would be appreciated.
2 Answers from Attorneys
Re: company drug policy
Many are called, few are chosen.
Although I agreed "convicted" is the more appropriate term to use, many individuals have drug cases which are dismissed on the payment of court costs or continued without a finding for a period of time and then dismisssed.
It can go either way, I would stick with "convicted," it's a policy that's easier to defend.
Re: company drug policy
Under ch. 151B, Massachusetts Fair Employment Practices Act,
it is illegal to discriminate against any person charged
with an offense which ends in dismissal.
Including language concerning charges of offenses is inviting
a complaint with the Massachusetts Commission Against Discrimination.
Between four and five thousand complaints are filed at the MCAD each
year for various types of discrimination.
I am familiar with several employees who have filed complaints based
on requests for information concerning arrests.
If FAA rules require your company to inquire about arrests, you may
have a privilege to ask about this information.
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