Assistant Director
01-01-2009, 10:25 AM
Hello there, I am curious about Colorado's law on the legality of a private employer (no licenses required; not law enforcement agency) demanding I provide my arrest record and explain what happened 15 years ago on a MD solicitation conviction in California. Where I might be able to find a description of the legal violation for an employer to require such action? Any recourse other than unemployment insurance claim? I have searched numerous websites along with the Dept. of Labor website but cannot find it. It may relate to my involuntary termination from gainful employment as it turns out. While I believe an employer under an at-will agreement may terminate employment for little to no reason, I have read in other states that a public policy for UI benefits exception may apply here. Briefly; while employed as an assistant director I was wrongfully accused by the local police department for failing to register as a sex offender, on a tip...
1. The detective provided a criminal report with grossly misleading information to my HR department. I was called in on a Thurs afternoon and fired the next day, Friday. 3 weeks later (after I initiated the investigation) I received a letter from the District Attorney's Office, the DA Investigator's Office, and the Sergeant of the reporting Detective clearly stating I was not in any violation of law. Subsequently the report was labeled to be "unfounded - cleared". Problem: 15 years ago I had a MD conviction in California for solicitation (under-cover vice Detective); it was all Dismissed 14 mos after cnvctn date (1993), including no jail time, summary prob; court records show. The Colorado detective associated the wrong CA penal code and concluded the crime follows Colorado statutes, which would require me to register... Point: my employer did a thorough background investigation prior to offering me the nationally-searched position (interviews lasted 9.5 hours) where there was no application form since it was salary/exempt. HR confirmed there was "no arrest record; cleared" (maybe statute of limitations on record file?).
2. To conclude, I filed for UI benefits but was DQ'd because I did not disclose the 1993 conviction "on my application" as well as citing the police report. CO Dept of Labor Appeal Hearing is set for Jan 6 with employer attorney and HR reps. They are already aware of the updated police/DA reports but choose to ignore them.
Would Public Policy for not disclosing such dismissed records be a good argument on my behalf, considering the employer did not require any licenses or was not a law enforcement agency? Simply a private employer. Denver ACLU cordially responded with, "was I incarcerated, shot, or anyone killed?" wow.
Any ideas? Thanks a million!
1. The detective provided a criminal report with grossly misleading information to my HR department. I was called in on a Thurs afternoon and fired the next day, Friday. 3 weeks later (after I initiated the investigation) I received a letter from the District Attorney's Office, the DA Investigator's Office, and the Sergeant of the reporting Detective clearly stating I was not in any violation of law. Subsequently the report was labeled to be "unfounded - cleared". Problem: 15 years ago I had a MD conviction in California for solicitation (under-cover vice Detective); it was all Dismissed 14 mos after cnvctn date (1993), including no jail time, summary prob; court records show. The Colorado detective associated the wrong CA penal code and concluded the crime follows Colorado statutes, which would require me to register... Point: my employer did a thorough background investigation prior to offering me the nationally-searched position (interviews lasted 9.5 hours) where there was no application form since it was salary/exempt. HR confirmed there was "no arrest record; cleared" (maybe statute of limitations on record file?).
2. To conclude, I filed for UI benefits but was DQ'd because I did not disclose the 1993 conviction "on my application" as well as citing the police report. CO Dept of Labor Appeal Hearing is set for Jan 6 with employer attorney and HR reps. They are already aware of the updated police/DA reports but choose to ignore them.
Would Public Policy for not disclosing such dismissed records be a good argument on my behalf, considering the employer did not require any licenses or was not a law enforcement agency? Simply a private employer. Denver ACLU cordially responded with, "was I incarcerated, shot, or anyone killed?" wow.
Any ideas? Thanks a million!
