July 5 Tip of the Week

Employers often ask our attorneys if they are required to report an employee’s suspected or known criminal conduct to law enforcement, and our answer is, as always, it depends.  First, employers should consider whether they are mandated by any state or federal laws to report suspected crime.  For example, employees working with children including teachers, health care providers, and HR and managers in some states, must report suspected child abuse or neglect or face criminal penalties of their own.  Second, consider whether you have any duties to stakeholders to report employee crimes such as embezzlement or fraud.  Another consideration is your company’s specific industry.  Is the product that you create, grow, market, or sell a controlled substances like marijuana or opiates?  Does your company work with vulnerable members of the public such as the elderly or those with mental or physical disabilities?  In those situations, employers most likely should report suspected employee criminal activity.  For more specific information about when to report employee conduct to law enforcement, contact our attorneys at myHRcounsel for guidance.