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Can I sue my employer for False Accusations that led to my termination? Details below...

Denver, CO |

My corrective action report says:

"...Marshall - not my real name - knocked into "coworker" at the front door while trying to enter the building through a closed side of the double doors instead of open side. He proceeded to spill "coworkers" coffee and knocked his hand down and kept going without acknowledging or apologizing..."

That is a false accusation and I told them so:

I reached for the left side door, of the double door entrance and found it was locked, (yet sometimes its open and I go thru it,)then I walked in thru the right side door thats open.
It doesn't matter which door I go thru, thats not the issue.
The issue is they - my employer - says I bumped into the "coworker" and knocked his hand down and spilled his coffee. THAT is a false accusation of what happended!

They said there were a few witness, AND I was recoreded on video security camera. When I ask to see the video , and or screen capture pictures of the video, they told me it would take to long to download, and that a picture would be sent to me in the packet being mail to me. (Didn't receive pictures.) Thing is, (Before I was "let go") they never showed me the video of the "susposed" incident that I'm being accused of!!! And after requesting pictures/screen capture of video, thru email correspondence, the company tells me ..."its not possible to print pictures... documentation of witness is enough.. and you will not be able to get a copy of the video" The REASON is they DON'T have me on video bumping into "coworker" and spilling his coffee!!! It's a fasle accusation!

Attorney Answers 3

  1. I definitely really feel for you. It is terrible to have a false allegation made about you, let alone be fired for it. However, understand that CO is an "at will" employment state and an employer can fire you for any reason or for no apparent reason unless the termination is based on age, gender, disability, race, or ethnicity. You should definitely file for unemployment benefits. Perhaps it would be beneficial to sit down with an employment attorney for an initial consultation to see if there are any avenues that you can pursue that I am missing. Best of luck

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

  2. My colleague is correct. It does not matter if the accusation is false. The employer does not need a reason to fire you. You can be fired for any reason, no reason, a false accusation, or because the employer had a bad breakfast and thought firing you would make him happy.

    I am sorry as well, but unless you have a contract or a basis to claim illegal discrimination, the termination is valid and you don't have any claims. Good luck.

    This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

  3. My colleagues are correct that it is doubtful that you would have success in a wrongful termination claim. However, it may be important to determine whether this inaccurate information will be placed in your personnel file and provided to future employers. For these reasons, you may wish to take some action to prevent that and to have the information removed from your file.

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