Employee with pending criminal charges

[Kimberly Allen]

#91430

We have an employee that works in our shop that has informed us that he was in jail over the weekend on account of an altercation with his brother and now criminal charges are pending. Can we legally ask the employee any details of the pending charges or is that strictly private information? Can we request an updated drivers’ abstract to ensure the charges were not DUI related as his role requires him to operate a motor vehicle. We are located in Alberta.

[Rick Tobin]

#91457

You cannot ask about pending charges due to privacy laws, you can however ask for disclosures on any convictions of potential trial charges that may impact the business and it’s reputation.

RE the driver’s abstract.

You are better served to amend your internal policy so that it requires a clean abstract free of any restrictions in order to operate a company vehicle and that there is a duty to communicate any restrictions (minus speeding and other minor infractions) that could effect the company’s ability to insure the vehicles. With that amendment, you could require all affected employees to submit an up to date abstract and require an updated abstract annually.

You cannot single out this one employee.

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