If a co-worker accused me of assault, can my employer do anything to me?

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If a co-worker accused me of assault, can my employer do anything to me?

HR looked into the matter, spoke with myself and several others and determined there was no evidence anything happened. The accuser went to the police and they had the same opinion that there was not sufficent evidence. The co-worker then took the complaint to the Sherrifs office in the county. They called me and advised they were referring to the DA’s office. Now,6 months later, the DA’s office has filed a complaint at large based on written complaint. I was told by the court it will be assigned to a judge and he can accept or not. No warrant has been issued and b/c simple assault, probably won’t. The alleged incident took place after hours outside work.

Asked on January 26, 2015 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Most employment relationships are what is known as "at will" employment. Accordingly, your employer can hire, fire and othersiwse set the terms and conditons of employment as it sees fit; this includes terminationg you for the alleged assault, for any reason or for no reason at all. Exceptions to this would be if your discharge violates exisitng company policy, a union/collective bargaining agreement or an employent contract. Also, your dismissal would not be allowed if it involves some form of legally actionable discrimintion, although such does not appear to be the case here.


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