Q: If a licensed therapist who owns the practice is arrested, what legal/employment implications are there for employees?
The owner of the company I work for has not been an active employee for over a year and may or may not still be a part-owner of the company itself. The current management is keeping things pretty close to the vest. The individual was arrested for drug-related charges and I am wondering what legal implication might be for myself and other employees. The added confusion is that this is an individual who is a licensed addiction counselor, licensed social worker, etc... working in a substance use treatment center. I am wondering if my fear is valid, or if the individuals working here do have something to worry about.
In terms of criminal liability, you only have to worry about your own personal behavior. The allegedly criminal acts of an employer, acting as an individual, does not apply to you. If the business entity is accused of criminal acts (e.g. fraud) then the entity itself is in trouble and any of the employees that were involved in the criminal conduct.
Even under conspiracy prosecutions, the government has to show that you as an individual knew something illegal was happening and joined in willingly.
On the other hand, if your organization has contracts or other understandings with the government for court referrals and other things, the business may lose those referrals and/or any contract. Also, the organization's reputation is likely to take a hit in the marketplace.
It doesn't appear that you need to worry about any personal criminal liability on the facts you share, but it might not be a bad idea to look for other employment options from a purely business perspective.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.