Can I sue for wrongful termination in Colorado?
1. At-Will Default
Colorado follows at-will employment.
2. Public Policy Exception
Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992), recognized public-policy wrongful discharge. Plaintiff must show: (1) discharge for exercising right or refusing illegal act, (2) public policy is clear, (3) policy in statute, constitution, or regulation, (4) employee acted in good faith.
3. Implied Contract
Recognized — Continental Air Lines v. Keenan, 731 P.2d 708 (Colo. 1987) — handbook representations can support implied contract or promissory estoppel.
4. Implied Covenant of Good Faith
Not recognized in at-will employment (Decker v. Browning-Ferris Industries, 931 P.2d 436 (Colo. 1997)).
5. Statutory Discrimination Claims
Colorado Anti-Discrimination Act (CADA), C.R.S. § 24-34-401 et seq., now substantially expanded by POWR Act (2024) — covers race, sex, sexual orientation, gender identity, age (40+), disability, marital status, religion, national origin, ancestry, plus newly protected categories. Colorado Civil Rights Division (CCRD) enforces; charge within 300 days. Damages caps removed for some claims by POWR.
6. Retaliation Statutes
C.R.S. § 8-2-128 — Public Health Emergency Whistleblower (PHEW). C.R.S. § 24-50.5-101 — public employee whistleblower. C.R.S. § 8-2-114 — discharge for political affiliation. C.R.S. § 8-2-116 — discharge for off-duty lawful conduct.
7. WARN Act
No Colorado mini-WARN. Federal WARN applies. Senate Bill 19-070 added some notice and severance considerations.
8. Damages
Public-policy tort: back pay, compensatory, punitive. CADA: back pay, front pay, compensatory, punitive (caps loosened by POWR), attorney's fees.
9. Statute of Limitations
Public-policy tort: 2 years (C.R.S. § 13-80-102); CADA: 300 days to CCRD + 90 days right to sue; written contract: 3 years.
This is legal information, not legal advice.
- You were fired for exercising a right or refusing an illegal act (Martin Marietta)
- Your handbook representations were broken (Continental Air Lines implied contract)
- You experienced discrimination under expanded CADA/POWR protections (post-2024)
- C.R.S. § 24-34-401 (CADA/POWR)
- C.R.S. § 8-2-128 (PHEW)
- C.R.S. § 24-50.5-101 (Public Whistleblower)
- Martin Marietta v. Lorenz, 823 P.2d 100 (Colo. 1992)
- Continental Air Lines v. Keenan, 731 P.2d 708 (Colo. 1987)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.