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USA Operations Centers Criminal Convictions May 2017
As this policy is reviewed, please note the following State/Area for which exceptions exist:
Not Applicable
Specific details on each exception may be found within the General Information section of this text.
This policy reviews the procedure for handling situations in which an employee has been convicted of a felony, or misdemeanor involving dishonesty, breach of trust, or money laundering, including the manufacture, sale, distribution of or trafficking in controlled substances (a "Covered Offense"), or who has agreed to enter into a pre-trial diversion or similar program in connection with a prosecution for a Covered Offense.
Federal law limits the ability of Joyner to employ any person convicted of a felony or misdemeanor involving dishonesty, breach of trust, or money laundering (including the manufacture, sale, distribution of or trafficking in controlled substances) or who has agreed to enter into a pretrial diversion or similar program in connection with the prosecution of such an offense without the prior written consent of the appropriate regulatory authorities.
"Dishonesty" means directly or indirectly to cheat or defraud; to cheat or defraud for monetary gain or its equivalent; or wrongfully to take property belonging to another in violation of any criminal statute. Dishonesty includes acts involving want of integrity, lack of probity, or a disposition to distort, cheat, or act deceitfully or fraudulently, and may include crimes which federal, state, or local laws define as dishonest.
Offenses involving dishonesty are generally considered to be crimes that involve some element of stealing, fraud, deceit, lying, falsification, or misrepresentation, including but not limited to:
"Breach of trust" means a wrongful act, use, misappropriation or omission with respect to any property or fund that has been committed to a person in a fiduciary or official capacity, or the misuse of on's official or fiduciary position to engage in a wrongful act, use, misappropriation or omission.
Employees must report it to their supervisor immediately if they:
Are convicted of a felony
Enter into a pre-trial diversion or similar program in connection with the prosecution of a felony
Are convicted of a misdemeanor involving dishonesty, breach of trust, or money laundering including the manufacture, sale, distribution of or trafficking in controlled substances
Enter into a pre-trial division or similar program in connection with the prosecution of a misdemeanor involving dishonesty, breach of trust, or money laundering including the manufacture, sale, distribution of or trafficking in controlled substances.
If a supervisor discovers that an employee:
Has been convicted of a felony or has agreed to enter into a pretrial diversion or similar program in connection with the prosecution of a felony, or
Has been convicted of a misdemeanor involving dishonesty, breach of trust, money laundering, or the manufacture, sale, distribution of or trafficking in controlled substances, or has agreed to enter into a pretrial diversion or similar program in connection with the prosecution of such a misdemeanor
The supervisor should immediately report the situation to Human Resources.
If Human Resources becomes aware that an employee:
Has been convicted of a felony or has agreed to enter into a pretrial diversion or similar program in connection with the prosecution of a felony, or
Has been convicted of a misdemeanor involving dishonesty, breach of trust, money laundering or the manufacture, sale, distribution of or trafficking in controlled substances, or has agreed to enter into a pretrial diversion or similar program in connection with the prosecution of such a misdemeanor
Human Resources should review the Current Employee Background Check Review Process.