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My employer was informed by a “source” that I had pending criminal charges. I was placed on a two week suspension without pay pending an investigation by my employer. My employer called me into office after two weeks to tell me I was being terminated not because they found pending charges but rather because I was “dishonest” and that is a violation of company policy. Is this a wrongful termination case?
Jul 26, 2025
Employment Law
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Several factors need to be considered to determine whether you have a case. Colorado is an at-will employment state, so employers can terminate an employee for any reason or no reason, so long as it does not violate public policy or statutory protections. 

Your employer’s reliance on an unspecified “source” to initiate the investigation does not inherently raise legal concerns unless the information provided was false and defamatory, or the employer failed to conduct a reasonable investigation. That being said, your employer’s claim of “dishonesty” as a policy violation must be supported by evidence. This could be a point of contention if you were terminated for dishonesty without clear evidence or an opportunity to respond. 

Colorado law offers some protections regarding criminal cases. Under C.R.S. 24-5-101, an employer cannot use an arrest or pending charges as the sole basis for termination unless there is a conviction or the charges directly impact the employee’s ability to perform their job. 

While your termination may not automatically qualify as wrongful under Colorado’s at-will employment law, there are potential legal issues related to the employer’s investigation. Contact an employment law attorney immediately to determine whether your situation could constitute a wrongful termination case.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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