Criminal Law Questions? Ask a Criminal Lawyer.
If he is not a governmental employee or is under an employment contract, then all employment in CO is considered "at will". What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, etc.) at any time for any or no reason at all.
Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).
If he has done something that would be considered "misconduct" then they can not only fire him, but they can also deny unemployment benefits.
If they have evidence that a crime was committed, the employer can file a criminal complaint with the local DA. It would then be up to the DA to decide if there was enough evidence for him to pursue placing criminal charges against your son.
So the short answer is yes, they can terminate his employment for any reason and can file a criminal complaint and see if the DA will pursue it.
Assuming there is no other evidence and IF he fails a lie detector test for some reason, it is complicated and would be easy to see how they could trick him with questions.
In that case can the DA use a failed test as "evidence" to persue charges (if or where) there is no other evidence agains him?
Well, lie detector tests are not admissible in a criminal case. So unless they had some other evidence of wrongdoing, it would be hard for the DA to prosecute a case on "I think he did something wrong".
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).