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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37061
Experience:  30 years in Employment law
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We have been given a police report for alleged assault at

Customer Question

We have been given a police report for alleged sexual assault at our Las Vegas restaurant. At this point nothing has been corroborated, but I am looking for help with next steps. We have confirmed that the employees in question are not scheduled to work together within the next day, but would like guidance on how to handle going forward.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.

So let me understand did one employee allegedly assault another one??

Customer: replied 1 month ago.
over a period of a long time... but this is the first we've heard about it.
Expert:  Ray replied 1 month ago.

So you have right here to fire any employee with or without cause, they are at will.You could suspend them without pay until the police resolve it, usually they quit and go elsewhere.These are the options for the alleged employee suspect as I see it.Suspension here would protect you and they likely decide to quit and move on.

I appreciate the chance to help you tonight.Thanks again.

Expert:  Ray replied 1 month ago.

I am talking suspension here or terminate the employee suspect not the complainant.

Customer: replied 1 month ago.
Our plan is not to fire someone over an allegation. This employee has not been in trouble before. The police won't investigate until next week. Do you see legal exposure if they are not working together since this is an allegation at this point?
Expert:  Ray replied 1 month ago.

No you can try and schedule them at different days and times.That would also resolve the problem.One of them may quit here soon anyway.

Customer: replied 1 month ago.
are we obligated to do an investigation on our end? I don't think there were any witnesses that were given to us, but at this point since the police are involved I see it as their responsibility, and I don't want to impede that investigation. I just want to be sure that not having them work together under this scenario is OK... but also not want to expose the company to any unnecessary legal issues...
Expert:  Ray replied 1 month ago.

You aren't obligated to investigate.You can tell them both you will schedule them at different dates to avoid problems.Thats reasonable to do so.Thanks.

Expert:  Ray replied 1 month ago.

I appreciate the chance to help you.Thanks again.

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