Member question below

Hi Anita,

A question for the group. We have a new hire that was charged and plead guilty to shoplifting offense under 2913.02. However the employee “was not convicted of the charge against her. When she successfully completes the Pretrial Diversion Program the pending charge will be dismissed.” Does this meet the standard for a “disqualifying offense” under the code and she is subject to discharge, or can she proceed with employment based on the manner in which the court has elected to address the charge? Thanks.