Legal Question in Civil Litigation in California

Employee Termination

I placed a temporary employee on assignment with a client.

She has been charged with criminal felony - credit card fraud by this client.

The incidents occurred months ago and we have just found out they she has been charged. I recieved a summons to be a witness in the trial to start May 9.

She has been working for the past 2 months for another client. This client likes her and wants to hire her f/t.

Do I have an obligation to tell this client that she has been charged with a criminal felony?

Can/should I fire her?

My insurance company said that any incidents that would occur at this client facility would not be covered by the crime bond - since we knew of this criminal charge.

I feel that both my client and myself are at risk in keeping this person on the assignment.

Thank you.


Asked on 5/02/05, 3:46 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Employee Termination

This is a tricky situation as you realize. A charge is not a conviction. Nevertheless, as the temporary employee's employer, you have the right to and should conduct your own investigation, ascertain the facts, and take appropriate action to protect your company's interests. Such action could include your termination of the employee if you conclude that she engaged in unlawful activity.

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Answered on 5/02/05, 5:06 pm


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