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Legality of Refusing Felon to attend program Delaware

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  • Legality of Refusing Felon to attend program Delaware

    My company has stated that they will not let those who are under parole or probation attend programs on company time. Even if the individual is court ordered to do so. In one particular case, the company knew the offender's status when hired; the offender was required to attend a program - was told six months after starting work; company said "no" and would fire him if he went. Citing that it would cause losses of production and interruptions in work schedules, and otherwise burden current staff to cover for the few hours he was out - on a single day, each week.

    Can an employer refuse to let someone take a legally required program, under penalty of termination?

  • #2
    This is going to be a very soft answer. Unless DE has a very specific law that says the EMPLOYER cannot take this action, then the employer can take this action. There is nothing in federal law that prohibits this, or refusing to hire such people in the first place. DE is not my state and I have no idea what the law there is this. In fact, I have no idea what my state's law is. The subject has never once come up before and I have done payroll for 30 years.

    May I suggest that the employee ask their PO? That is one person who should know DE law on this subject. Past that, the court could order the employer to allow the employee to attend, but based on what you have said, the court has not done so. Employment at will is always in effect, unless the law specifically says otherwise.

    I worked at one place where we had a former employee who was a great machinist, but was also a serious felon still in prison. Someone with the state asked us if we were interested in a work-furlough program with him (we were). But armed officers dropped him off in the morning and picked him up at the end of shift (no overtime allowed), and he has hand cuffed and manacled while entering/leaving the building, and not allowed to leave the building for any reason. He looked like average Joe, but people who knew him from before were very afraid of him. Kind of like having Charles Manson working for us. Our market went limp, we no longer needed a lot of machinists and we told the state they could have him back. As far as we know, he did not kill anyone else while on duty. At least if he did, we never found the bodies.
    Last edited by DAW; 12-16-2017, 02:32 PM.
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