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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19941
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I represent a company with physical offices in PA and Fl. I

Customer Question

I represent a company with physical offices in PA and Fl. I had an applicant who was a PA resident apply for a job in FL. When we told him that we would require travel, he made us aware that there might be a problem in PA. He had a traffic arrest, and when they found drug paraphenalia, he fled. He has warrant for his arrest. If we hire him and or pay his way to travel to PA, do we have an obligation to report his whereabouts, or are we harboring a fugitive. We do not use criminal history as a screen for employment.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you for the information and your question, however, I am a bit unclear about where the applicant is now, and where he is traveling to, can you clarify that for me?
Customer: replied 1 year ago.
The applicant is currently in Florida, and would need to travel to PA.
Expert:  Marsha411JD replied 1 year ago.

Thank you for your reply. I apologize for the delay in getting back to you as I was out of my office for bit. In any event, an employer that is not a governmental agency or an officer of the court (like an attorney) has no legal duty to notify law enforcement that someone who might have a warrant issued in their name has entered the State. Likewise, that would not be considered as harboring a fugitive. What would be considered harboring a fugitive is if the policy showed up to your business and asked if he was there and you lied to them and said he wasn't when he was. Making false statements about his whereabouts would also get you in trouble.

Please let me know if you need any clarification.

Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying, or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.