What is wrongful termination in Colorado?
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:
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:
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
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
This is legal information, not legal advice.
- 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
- 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.