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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11030
Experience:  Significant experience in all areas of employment law.
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I was suspended with pay while the employer did an

Customer Question

I was suspended with pay while the employer did an investigation. They would not tell me what they were investigating. I was told not to call or go into work or talk to anyone at work. 5 days later I was called and they told me to come back tomorrow and welcome back. They would not share the issue(s) with me.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: during the time, I got a call from my supervisor who accused me of having employees at my home. I signed an agreement that I would not fraternize with employees. He wanted me to fax a statement about employees at my home. I told him I have never had employees at my home or socialized with them outside of work. He said, I know you have had them at your home. I told him I would not admit to something I did not do. He hung up on me and the next call I got was welcoming me back to work. Do I have the right to know what the investigation was about? Access to my employment records? And access to their findings?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Presently, Colorado has no law entitling an employee to a copy of their employment records, nor does any law require an employer to inform an employee as to the nature or status of any investigation being conducted against them. The general rule is that employment is "at will," meaning terminable at any time for virtually any reason, fair or unfair, true or untrue. So, learning the details of the investigation probably would not be of much help to you anyway because proving your factual innocence would not legally prevent your employer from taking adverse action against you.

In the interest of providing the most complete possible answer, I should note that Colorado just recently passed a law entitling employees to review their personnel files. However, this law does not go into effect until 2017. Moreover, the law specifically excludes document relating to confidential investigations and active investigations, which very likely means that your employer would not have to reveal the documents relating to this investigation of you anyway.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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