Terminating Jailed Employees: Dealing With The Worst Case Scenario of Having a Staff Member Incarc

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It’s the kind of phone call many managers dread: a staff member for whom they are responsible for is in jail. The most immediate response is normally, “We have to let them go.” But terminating jailed employees isn’t as easy the immediate call-to-action most managers feel. As Chicago-based attorney Margaret Angelucci stated in Privacy and Security Law (The Bureau of National Affairs), “employers have a “particularly high” standard of proof before dismissing an employee for off-duty activity”.

Herein lies the problem: in most states, an employer cannot terminate jailed employees merely because they are incarcerated – unless the charges specifically relate to the job they are performing in the workplace (such as an Account Executive under investigation for company fraud or a retail staff member caught shoplifting while on duty).

Does the employer have any rights in terminating jailed employees? They do, but it really depends on where the company is located geographically. Some states allow for more measures than others, so it’s wise to contact the local government regulatory bodies before moving forward. In most cases, however, there are several things you can do to protect your company’s assets in the meantime.

Keep Excellent Records

First and foremost, start keeping an up-to-the-minute log of the accounts and events that transpire from the moment you received word the employee was jailed. If there is any written documentation to support their incarceration, provide it to your HR department immediately. Where there isn’t, confirm what you are able to on the phone and take note of who you spoke to when, where and why regarding the situation. This way if you do end someone’s employment, you can do so with quantitative evidence backing you up that the terminated jailed employees were unable to perform their job duties.

Terminating Jailed Employees for Absenteeism

Angelucci suggested in the aforementioned article that terminating jailed employees is possible, as long as the focus is on the work missed and not the jail time. This is a creative yet effective method of ensuring that whatever the employees situation is, they are not being discriminated against, since any employee that doesn’t show up for an extended period of time cannot expect to keep their job under any circumstances. Yet not all unions support this methodology. Therefore, check out the legality of terminating jailed employees based on their attendance records before taking action.

Tripplett, M. R. Despite few limits, lawyers tell employers of privacy and off-duty conduct. Privacy and Security Law, 5, No 13, Retrieved from http://subscript.bna.com/SAMPLES/pvl.nsf/4866a14be3b6f56685256ba3004dcb8b/e2de079a6e336da58525713c005765fa?OpenDocument

Open a Church Daycare & Preschool

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Churches provide a large space for community members to open a daycare and preschool. Daycares typically care for children before enrolling in formal school. A preschool focuses on school readiness activities for children during the early years. The demand for childcare workers is expected to increase 11 percent by the year 2018, reports the Bureau of Labor Statistics.

Preparing to Open the Daycare

Determine the square footage of the church space the daycare will occupy. Then, contact the state department of licensing to determine how many children can be accommodated in that space. Also, consider the area’s proximity to an outdoor play area for children.

Also, purchase equipment for the daycare and preschool. Arts and crafts supplies, puzzles and a variety of stimulating toys should be offered. Also, purchase a crib for each young toddler or infant. Nap mats are appropriate for preschool age children. Ask the parent of each child to provide their own blankets and pillows and launder the linens weekly.

If your church needs help funding start-up costs, get in contact with the Small Business Administration. They can put you in touch with local lenders who offer small business loans.

Certification and Licensure

Enroll staff in CPR and first aid courses. The American Red Cross offers these courses to childcare professionals. Keep a certification of competition for each employee who completes the course. Some states require this documentation to accompany application materials for licensure.


Safety proof all rooms of the daycare and preschool. This includes covering electrical outlets with protectors and installing safety gates for smaller children. Also, store chemicals and other harmful substances in locked cabinets (out of children’s reach). Most states require an inspection of daycares and preschools. Contact the state ahead of time to request a safety checklist. This will assist with preparation efforts. Purchase fire extinguishers to place throughout the childcare facility.

Church childcares also need to get licensed with their state. After preparing the daycare area, contact the local state department of licensing and request application materials. Expect to fill out a background check for every person employed in the daycare and preschool facility. Some states require a schematic of the childcare facility be submitted (detailing the layout of the childcare space). Some states also require that the owner of the daycare attend a state sponsored course covering local laws and regulations.

Creating an emergency evacuation plan is also important. Some states require this. The plan should cover where children and staff exit the building and meet-up in case of an emergency. Once your daycare and preschool is operating, regular “drills” should be scheduled to practice this plan.

MarketChurch Childcare Services

Market childcare and preschool services to local families. If your church has a newsletter, include information. Some churches also have email lists which could be helpful in advertising the daycare opening. Post flyers at community boards near the center as well. After time, the word will spread about services and less time will be spent on marketing activities.