In the unfortunate instance of a person being arrested, for whatever reasons. Not only can the arrest be a company crisis that can influence the company’s credibility, but it also puts strain on the trust within the company’s management system. When the person behind bars is a key employee it will definitely cause distress within the company, particularly for a startup.
WHAT CAN EMPLOYER DO WHEN KEY EMPLOYEE IS DETAINED?
If you are in the unfortunate position where one of your key employees have been detained, you have to deal with the company crisis professionally. Acting in the correct manner will avoid unnecessary damage to your company.
As part of the company’s crisis management, there are only two options that will allow the employee to be freed from behind bars within the first day or two. The first option is to obtain a bail bond and the second is to pay a cash.
Before any further discussion on what an employer should do as part of its crisis management, it’s important to understand what a bail bond is and make a better decision on how you can/should intervene.
WHAT IS BAIL?
Upon arrest, the arrestee will be informed how much money they owe the Sherriff’s Office in order to be released. Depending on the alleged crime the bail amount will increase. Only when the arrestee, who is now seen as the defendant, has gone to court and won their case. They are eligible for a refund on the surety money.
The defendant can pay the surety in cash to the jail in the county they’ve been arrested in. To help arrestees who might not have enough cash to post bail, there are another option named a bail bond.
WHAT IS A BAIL BOND?
A surety bond is a cheaper option to post bail when the defendant can’t afford to pay cash. Most surety Bondsmen asks a 10% premium rate in order for the defendant to get released. This means that when your fee is $2000 you only pay 10% of that fee to the Bondsman, which will be $200.
The Bondsman ensures that the full amount of $2000 is paid to the Sherriff’s Office. Once the bondsman has paid the full amount, the defendant is set free. What’s the catch, you may ask?
The defendant has to sign a contract. The contract states that the defendant is liable for any costs incurred if they don’t appear in court for scheduled hearings.
To learn more about surety bonds read here: https://www.investopedia.com/terms/b/bail-bond.asp
EMPLOYEE’S RIGHTS
Firstly, it’s important to note that an arrested employee still has rights. As a manager you should be able to find a fair balance between your key employee’s rights and any impact the company crisis can have on the workplace and rest of the team.
The employee is innocent until proven guilty. Therefore, it won’t be the best idea to terminate their contract with immediate effect. Assist the key employee throughout the court hearing by putting them on a short-term suspension. It’s up to key management to decide whether this suspension is with or without salary.
BAIL BOND NEEDS
A key employee is invaluable to any institution and it’s to both company and employee’s benefit, to assist them throughout the process. Especially if the arrest is work related, then the employer can assist their employee by paying the surety deposit to the bondsman.
FIND A CREDIBLE BAIL BONDS AGENCY
Find a suitable and credible bail bonds agency that can help with this issue. It’s possible for anyone to pay the full bailing amount to the court or jail. But in order to get a bondsman the defendant needs to find a licensed agent.
Visit this website to learn more about trusted bail bonds.
Agents also has a list of factors to consider when serving a contract. Eligible defendants should have a steady income and means of employment. Agents also look at the defendant’s criminal record and whether they have a permanent place of residence.
WHAT IF THE EMPLOYEE IS FOUND GUILTY?
After further inspection the employer may dismiss the employee – only under the accordance of section 188 of the Labor Relations Act. As well as following the right procedures such as a disciplinary hearing.
If there is a conviction of the employee then the employer can terminate their contract immediately.
When employers find themselves in this predicament, it’s advised that they consult licensed bonds agencies to help them deal with this kind of company crisis.
