Ask the expert: Q&A.(terminating an employee because of warrants for his arrest)

Q A background check for a new employee indicates that there are two warrants for his arrest (4/02/98 and 2/23/99) for misdemeanor theft of less than $300 in value. I have two questions:

1. Technically, he did not lie on his application, but since he's wanted for--but not yet convicted of--theft, I wonder if it would be smart to continue employing him. I know he is "innocent until proven guilty," but can I terminate him for these warrants?

2. Do I have an obligation to notify the police? I'd rather not.

A there's no clear answer. My research turned up only cases of employees who were terminated after they were arrested. Moreover, many of the cases involve public employers, which involves a …