If you are facing false allegations of sexual assault, you may be worried about a lot; your freedom, reputation, and job are just a few. When someone falsely accuses you of such a serious crime, you need to act promptly and aggressively to defend your rights. Here is what you need to know about how false allegations of sexual assault can affect your employment opportunities in Colorado.
How Employers May Learn About Allegations of Sexual Assault
Employers can learn about accusations of criminal conduct in various ways, including:
- Direct reports from the victim
- Law enforcement presence at work
- Rumors from the accused’s coworkers
- Results of background checks
False allegations of sexual assault can potentially lead employers to hire individuals or fire them due to unsubstantiated accusations.
Colorado’s At-Will Employment System
Like most states, Colorado operates under an at-will employment system. Under this system, the employer and the employee can end the employment relationship at any time for almost any reason or no reason at all. Employers in Colorado generally do not have to provide a valid reason for termination. However, there are some exceptions, which are discussed below.
Other Pertinent Colorado Employment Laws
Colorado lawmakers have made strides to protect the rights of the accused. They have passed the Clean Slate Act, which seals arrest records and certain criminal records. It also has the Ban the Box law, which prohibits inquiries into criminal histories on initial applications. Under this law, employers can only consider arrest records for certain positions if a conviction occurred, the offense is recent, and the offense is directly related to the job.
When You Have a Case Against Your Employer for Wrongful Termination
The exceptions to the employer’s right to fire an employee for any reason include when the firing is due to:
Violation of Employment Contract
If you have a written or implied employment contract, your employer might not be able to fire you except for specific reasons outlined in the employment contract or for “good cause.” False allegations of sexual assault that are disproven may or may not meet this definition.
If you are part of a union and have a collective bargaining agreement, your employer can only terminate the employment relationship based on what is in the agreement.
Discrimination and Harassment
One major exception to the right to fire an employee is that an employer cannot fire an employee for an illegal reason, such as illegal discrimination and harassment. State and federal laws prohibit disparate treatment or impact based on a protected class. For example, if you were arrested for the false accusations but the case was later dismissed and are Black, you might have a case if your employer fired anyone arrested for sexual assault if this is shown to have a disparate impact on Black workers. In other cases, your employer might use the allegations as a pretense while secretly wanting to discriminate against you. You will need strong evidence to prove the real reason you were fired.
Retaliation
It is also illegal for an employer to fire an employee due to retaliation, such as if they fire an employee for:
- Reporting sexual harassment, discrimination, or illegal activity at work
- Participating in investigations regarding illegal activity at work
- Engaging in other protected activity to protect their legal rights
If you did any of the above or your employer used the false allegations as a pretext for your firing, it is illegal.
Contact Us to Learn More About Your Legal Rights
The Law Offices of Elaine E. Lukic can help if you have been falsely accused of sexual assault. Call us at (888) 565-2217 or contact us online for a confidential consultation.