Legal Question in Employment Law in Virginia

termination

I am a manager of a small hotel. I had an employee who was convicted of a felony for stealing. Before she was sentenced, my boss and I both told her that if she happened to go to jail, when she got out, she could still have her job. However, a few days before she was supposed to report for jail, she stole a paycheck that had been left in the drawer for one of the other employees and left the empty envelope in the drawer. Before we discovered that the check had been stolen (and cashed by one of her friends that was also an ex-employee), she had gone to jail. The ex-employee who had cashed the check payed the money back to the hotel and my boss did not want to get the police involved because the money was paid back. However, the employee who stole the check (we have the video tape that proves she took the check), believes that she will have a job when she is released from jail. My question is, do we have to let her come back to work if we didn't file any charges against her or her accomplice?

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