hearsay

[Bathcommand1!]

What is the name of your state? Maine, What responsibility does the employer have when told second hand of employees criminal activity

 

[PayrollHRGuy]

That depends on the details.

 

[quincy]

Was the criminal activity reported to the police?

 

[cbg]

What is the name of your state? Maine, What responsibility does the employer have when told second hand of employees criminal activity

Not enough information to say

 

[LdiJ]

What is the name of your state? Maine, What responsibility does the employer have when told second hand of employees criminal activity

As everyone else has pretty much indicated, the devil is in the details. However, if its something you heard from a third party and you have no way to prove or disprove the accuracy of what you heard, it would probably be best to let it be.

 

[quincy]

If someone knows of, or suspects, criminal activity, it is rarely a good idea to keep silent.

 

[cbg]

Legally, hearsay only matters in a court of law, and not always there.

In case that's what you were wondering.

So if you were fired or otherwise disciplined because of something your boss was told by another party, there's nothing inherently illegal about that.

 

[LdiJ]

If someone knows of, or suspects, criminal activity, it is rarely a good idea to keep silent.

So you think that someone should say, call the police when they don't have first hand knowledge of something? What if the second hand information was fabricated or seriously exaggerated? Then they might be looking at a false reporting charge or even a lawsuit. I am not talking about a murder or anything that serious, but I don't think its a good idea for anything that isn't quite serious.

 

[PayrollHRGuy]

So you think that someone should say, call the police when they don't have first hand knowledge of something? What if the second hand information was fabricated or seriously exaggerated? Then they might be looking at a false reporting charge or even a lawsuit. I am not talking about a murder or anything that serious, but I don't think its a good idea for anything that isn't quite serious.

That is for the police to decide.

So you would be concerned about a false reporting charge or lawsuit if it were a minor crime but not a major crime.

That makes no sense at all.

 

[commentator]

We used to hear of one situation of this sort a lot. Someone would come in and have quit their job because "the other employees were (pick one) using drugs, smoking pot, selling drugs, stealing stuff, betting illegally on the job, and I told my boss and they didn't do anything about it." If this is the situation, it really doesn't give you a valid reason to quit (for unemployment purposes) in most cases.

An employer has the responsibility to control the workplace situation, if informed of wrongdoing, it's up to them to make an investigation of the circumstances and proceed as they see fit. You can, of course call in a tip to the police if you feel led to do so, but don't expect a good citizenship award from anyone involved.

And in dealing with a situation, one thing they're not likely to do is keep other employees informed about what they have done, intend to do or are thinking of doing about any sort of criminal activity. If the employer himself is involved in some sort of criminal activity, find another job pronto. If it has any effect on your health, safety, well being, then it's your issue to deal with, complain about, report to the police, etc. Otherwise, it's up to the employer without your input.

 

[quincy]

So you think that someone should say, call the police when they don't have first hand knowledge of something? What if the second hand information was fabricated or seriously exaggerated? Then they might be looking at a false reporting charge or even a lawsuit. I am not talking about a murder or anything that serious, but I don't think its a good idea for anything that isn't quite serious.

A police report is neither true nor false. An investigation determines whether a complaint has merit. Unless a report is shown to have been made with actual malice (knowledge of falsity and intent to cause harm), the report cannot form the basis of a legal action against the reporter. The report is covered by a “qualified privilege” or immunity from suit if the privilege is exercised properly.

The purpose of a qualified privilege is so people are not reluctant to report what they hear, see or suspect. They do not have reason to fear a report that turns out after investigation to be unfounded. It cannot result in a charge or suit filed against them.

 

[Mass_Shyster]

What is the name of your state? Maine, What responsibility does the employer have when told second hand of employees criminal activity

I don't think the employer has any legal obligation to do anything about a second hand accusation.

 

[cbg]

Before we get too heated up, don't you think we should maybe find out a few details? Like maybe whether the OP is the employer or the employee, and exactly what happened that's caused him/her to ask the question?

 

[quincy]

I don't think the employer has any legal obligation to do anything about a second hand accusation.

It could depend on the accusation.

Before we get too heated up, don't you think we should maybe find out a few details? Like maybe whether the OP is the employer or the employee, and exactly what happened that's caused him/her to ask the question?

It is more fun to invent possible scenarios.

 

[LdiJ]

A police report is neither true nor false. An investigation determines whether a complaint has merit. Unless a report is shown to have been made with actual malice (knowledge of falsity and intent to cause harm), the report cannot form the basis of a legal action against the reporter. The report is covered by a “qualified privilege” or immunity from suit if the privilege is exercised properly.

The purpose of a qualified privilege is so people are not reluctant to report what they hear, see or suspect. They do not have reason to fear a report that turns out after investigation to be unfounded. It cannot result in a charge or suit filed against them.

There was a woman who was marginally acquainted with people in my circle (our kids went to the same school) she had a habit of making police reports (and CPS reports, and animal welfare reports etc) because she got angry with someone. There was always something in the reports that was plausible enough that it would cause an investigation, but everything would end up being proven to be untrue.

She ultimately was arrested when one of her victims got angry enough to make a big enough stink. She spent 30 days in jail (no one would post bond for her) and then plea bargained to 3 years probation.

So yes, I do believe that if someone is aware of a murder that might have happened or other quite serious crime, then of course they should report it even if they got the info second or third hand. However for more minor things, I wouldn't do it. Maybe the risk of false reporting isn't great, but I still wouldn't do it.