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What is wrongful termination in Colorado?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Colorado has dramatically expanded employee protections in recent years, particularly with the 2022 POWR Act.

1. Public Policy Exception — Crawford

Crawford Rehabilitation Services, Inc. v. Weissman, 938 P.2d 540 (Colo. 1997), recognized the wrongful discharge tort. Plaintiff must show:

  • A clear public policy expressed in a constitutional, statutory, or regulatory provision;
  • Conduct that directly furthered that policy;
  • Causal connection to the termination.
  • 2. Colorado Anti-Discrimination Act — C.R.S. § 24-34-402 (POWR Act amendments)

    Prohibits discrimination based on disability, race, creed, color, sex, sexual orientation, gender identity/expression, religion, age (40+), national origin/ancestry, marital status, pregnancy, military status. Applies to employers with 1+ employees.

    POWR Act (2024 effective) significant changes:

  • Eliminated the federal "severe or pervasive" standard for harassment — now harassment need only be subjectively and objectively offensive.
  • Mandatory record retention for personnel/discrimination records.
  • Limited NDAs in discrimination/harassment settlements.
  • File with CCRD within 300 days (extended from 180); private suit available after exhaustion.
  • 3. Healthy Families and Workplaces Act — C.R.S. § 8-13.3-401

    Effective 2021. Paid sick and safe leave for all employers (1 hour per 30 hours worked, up to 48 hours per year). Anti-retaliation.

    4. Colorado Whistleblower Statutes

  • Public-sector: C.R.S. § 24-50.5-103.
  • Private-sector: limited — C.R.S. § 24-114-102 (for state contractors) and statute-specific protections.
  • PHEW Act (Public Health Emergency Whistleblower) — C.R.S. § 8-14.4 — for public health-related reporting.
  • 5. Workers' Comp Retaliation — C.R.S. § 8-2-118

    Recognized through Lathrop v. Entenmann's, 770 P.2d 1367 (Colo. App. 1989).

    6. Equal Pay for Equal Work Act — C.R.S. § 8-5-101

    Strong wage transparency and anti-retaliation rules.

    7. WARN Act

    Federal WARN applies; no state WARN.

    8. Lawful Off-Duty Conduct — C.R.S. § 24-34-402.5

    Prohibits termination for lawful off-duty conduct — broader than most states; covers marijuana use (with caveats post-Coats v. Dish Network).

    9. Statute of Limitations

  • Public policy tort: 2 years (C.R.S. § 13-80-102).
  • CADA: 300 days to CCRD; 2 years for civil action.
  • HFWA: 2 years.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your harassment claim may benefit from POWR's elimination of the 'severe or pervasive' standard
    • You were fired for lawful off-duty conduct under § 24-34-402.5
    • You signed an NDA in a settlement that may be void under POWR
    Related Statutes & Laws
    • C.R.S. § 24-34-402
    • C.R.S. § 8-13.3-401
    • C.R.S. § 8-5-101
    • C.R.S. § 24-34-402.5
    • C.R.S. § 8-2-118

    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.