Fired in Colorado: Your Rights Under At-Will Employment (2025)

Colorado is an at-will employment state. This means your employer can fire you at any time, for any reason, or for no reason at all—and you can quit without giving notice. However, Colorado law provides important exceptions that protect you from illegal termination.

If you were fired in Colorado, understanding your rights is critical. While most terminations are legal under at-will employment, certain types of firings violate state and federal law. This guide explains when getting fired becomes wrongful termination in Colorado.

What Is At-Will Employment in Colorado?

At-will employment is the default employment relationship in Colorado. Unless you have a written employment contract stating otherwise, your job is considered “at-will.”

What at-will means:

Your employer can terminate you without advance notice
Your employer doesn’t need to provide a reason for firing you
Your employer can change job duties, wages, or working conditions at any time
You can quit at any time without giving two weeks’ notice

What at-will does NOT mean:

Your employer cannot fire you for illegal reasons (discrimination, retaliation, refusing unlawful directives)
Your employer cannot violate public policy when terminating you
Your employer cannot breach an employment contract if one exists

Exceptions to At-Will Employment: When Getting Fired Is Illegal

Even though Colorado follows at-will employment, several situations make firing you wrongful termination.

1. Discrimination-Based Termination

It’s illegal to fire someone based on a protected characteristic under federal and Colorado law.

Protected characteristics in Colorado include:

Race or color
Sex (including pregnancy, sexual orientation, gender identity, gender expression)
Religion or creed
National origin or ancestry
Age (40 and older under federal law; 18+ under Colorado law for state claims)
Disability (mental or physical)
Genetic information
Military or veteran status
Marital status (Colorado law)
Pregnancy, childbirth, or related conditions (Colorado law)
Sexual orientation (explicitly protected since 2007)
Gender identity or transgender status (explicitly protected since 2007)

Example: Your manager tells you “we’re looking for a younger image” and fires you at age 55. This is age discrimination and violates both federal and Colorado law.

Who’s covered: Colorado Anti-Discrimination Act (CADA) applies to employers with 1 or more employees (broader than federal law, which requires 15+ for most protections).

2. Retaliation for Protected Activities

Colorado law prohibits firing employees in retaliation for exercising their legal rights.

Protected activities in Colorado:

Filing a workers’ compensation claim (most common retaliation scenario)
Reporting workplace safety violations to OSHA
Complaining about discrimination or harassment
Reporting wage violations (unpaid overtime, wage theft)
Taking FAMLI leave (Colorado Paid Family and Medical Leave, effective 2024)
Using lawful products off-duty (smoking, alcohol, marijuana—Colorado “Lawful Activities Statute”)
Serving on jury duty
Voting or attending political meetings
Reporting suspected child abuse or neglect (mandatory reporter laws)
Whistleblowing about illegal activity or violations of public interest
Requesting a reasonable accommodation for disability or religion

Example: You file a workers’ comp claim after injuring your back at work. Three weeks later, you’re fired for “poor performance” despite positive reviews. This is likely illegal retaliation.

3. Colorado’s Unique “Lawful Activities” Protection

Colorado has one of the strongest off-duty conduct protections in the United States.

Under Colorado Revised Statutes § 24-34-402.5, employers cannot fire you for:

Legal activities outside of work (smoking tobacco, drinking alcohol, marijuana use where legal)
Lawful products you use off-duty

Important exception: Employers can still prohibit marijuana use if:

It would violate federal law (federal contractors, DOT-regulated workers)
It would cause employer to lose federal funding
Employee is impaired at work

Example: Your employer discovers you legally consume marijuana on weekends (you don’t come to work impaired). They cannot fire you for this lawful off-duty activity under Colorado law.

4. Refusing to Break the Law (Public Policy Exception)

Colorado recognizes a public policy exception to at-will employment. You cannot be fired for refusing to do something illegal or for exercising a legal right.

Examples of protected refusals:

Refusing to falsify financial records
Refusing to commit fraud
Refusing to violate safety regulations
Refusing to lie under oath
Refusing to participate in illegal business practices

Example: Your boss demands you backdated contracts to meet sales quotas. You refuse. You’re fired. This is wrongful termination under Colorado’s public policy exception.

5. Breach of Employment Contract

If you have a written employment contract that specifies:

A set employment term (“three-year contract”)
Specific termination conditions (“for cause only”)
Termination procedures (progressive discipline, written warnings)

…then firing you outside those terms is a breach of contract.

Note: Most Colorado employees do NOT have employment contracts. Employee handbooks typically don’t create enforceable contracts unless they explicitly state they do.

6. Violation of Federal Leave Laws

Family and Medical Leave Act (FMLA):

Employers with 50+ employees must provide unpaid, job-protected leave
Employees must have worked 1,250 hours in past 12 months
Protected leave for serious health conditions, childbirth, family care

Colorado FAMLI (Family and Medical Leave Insurance):

Effective January 1, 2024
Provides up to 12 weeks of paid leave (16 weeks for pregnancy complications)
Applies to employers with 1 or more employees
Covers serious health conditions, family care, safe leave, bonding with new child
Employees cannot be fired for taking FAMLI leave

Example: You take 10 weeks of FAMLI leave after giving birth. When you return, your employer says “we restructured and eliminated your position.” This may violate FAMLI protections.

Colorado-Specific Employment Laws You Should Know

Colorado has some of the most progressive employment laws in the United States. Here’s what sets Colorado apart:

Equal Pay for Equal Work Act

Colorado’s Equal Pay for Equal Work Act (effective 2021) requires:

Pay transparency: Job postings must include salary ranges
Equal pay: Employees performing substantially similar work must receive equal pay regardless of sex
Promotion transparency: Opportunities for advancement must be disclosed to all employees

Retaliation for asking about pay or discussing wages with coworkers is illegal.

Wage Transparency Law

Since January 1, 2021, Colorado employers must:

Include salary range in all job postings
Notify employees of promotion opportunities
Disclose benefits offered

Firing you for discussing your salary with coworkers violates Colorado law.

FAMLI Paid Leave (Starting 2024)

Colorado’s Paid Family and Medical Leave Insurance (FAMLI) provides:

12 weeks of paid leave per year (16 weeks for pregnancy complications)
Up to 90% wage replacement (capped at $1,100/week for 2024)
Job protection (cannot be fired for taking leave)

Marijuana Protections

Colorado law protects employees who:

Use marijuana legally outside work hours
Are not impaired at work
Don’t work in safety-sensitive or federally regulated positions

Exception: Employers can prohibit marijuana use if it would violate federal law or cause loss of federal funding.

Final Paycheck Requirements

When you’re fired or quit in Colorado, your employer must pay your final wages:

Fired (involuntary): Immediately upon termination
Quit (voluntary): Next regular payday

Colorado is one of few states requiring immediate payment upon termination.

How to Prove Wrongful Termination in Colorado

If you believe you were wrongfully terminated, you’ll need evidence.

1. Gather Documentation

Critical evidence includes:

Termination letter or email (stated reason for firing)
Personnel file (performance reviews, warnings, disciplinary records)
Employment contract (if applicable)
Emails or texts showing discriminatory or retaliatory statements
Witness statements from coworkers
Medical records (for FMLA/FAMLI or disability claims)
Workers’ comp claim documents (for retaliation claims)
Pay stubs and wage records (for wage retaliation claims)

Colorado law: You have the right to inspect and copy your personnel file. Request it in writing from your employer.

2. Establish Timeline and Causation

Document the sequence of events:

When did you engage in protected activity (file workers’ comp, report discrimination)?
When did your employer’s treatment change?
How much time passed between protected activity and termination?
What reason was given for firing you?

Timing matters: If you’re fired shortly after protected activity (filing a complaint, taking FAMLI leave), this suggests retaliation.

3. Show Pretext (For Discrimination/Retaliation Claims)

If your employer gives a reason for firing you, you need to show this reason is pretextual—a cover-up for the real illegal reason.

Evidence of pretext:

Positive performance reviews contradict “poor performance” claim
Similarly situated employees weren’t fired
Stated reason changed over time
Reason contradicts company policy or past practice

Example: You’re fired for “attendance issues” one week after requesting a religious accommodation. Your attendance record shows perfect attendance, and coworkers with worse attendance weren’t fired. This suggests pretext.

What to Do If You Were Wrongfully Fired in Colorado

Step 1: File Complaints with Appropriate Agencies

Depending on the violation, file with:

For discrimination or harassment:

Colorado Civil Rights Division (CCRD)
- Deadline: 6 months from termination
- File online: ccrd.colorado.gov
- CCRD investigates and issues “right to sue” letter
Equal Employment Opportunity Commission (EEOC) (for federal claims)
- Deadline: 300 days from termination
- File online: eeoc.gov

For wage violations or retaliation:

Colorado Department of Labor and Employment – Division of Labor Standards and Statistics
- Deadline: 2 years from violation (3 years if willful)
- Phone: 303-318-8441
- Can recover unpaid wages, liquidated damages, penalties

For workers’ comp retaliation:

Colorado Division of Workers’ Compensation
- File alongside your workers’ comp claim
- May recover reinstatement, back pay, damages

For FAMLI violations:

Colorado FAMLI Division
- Deadline: 2 years from violation
- Website: famli.colorado.gov
- Can recover lost wages, benefits, damages

For FMLA violations:

U.S. Department of Labor – Wage and Hour Division
- Deadline: 2 years (3 years if willful)
- Can recover back pay, reinstatement, damages

Step 2: Consult an Employment Attorney

Colorado employment law has strict deadlines and complex procedures. An experienced attorney can:

Evaluate if you have a valid wrongful termination claim
Calculate damages (back pay, front pay, emotional distress)
Navigate filing deadlines (some as short as 6 months)
Negotiate settlement or represent you in court

What you might recover:

Back pay (lost wages from termination to resolution)
Front pay (future lost earnings if reinstatement isn’t possible)
Emotional distress damages
Punitive damages (if employer acted with malice)
Attorney’s fees and costs (in most employment cases)

Step 3: File a Lawsuit (If Necessary)

If administrative remedies don’t resolve your claim, file a lawsuit in Colorado state or federal court.

Statute of limitations:

CCRD discrimination claims: 6 months to file CCRD charge; lawsuit within 90 days of right-to-sue letter
EEOC discrimination claims: 300 days to file charge; lawsuit within 90 days of right-to-sue
FMLA/FAMLI claims: 2 years (3 years if willful)
Workers’ comp retaliation: 2 years
Breach of contract: 3 years
Public policy wrongful termination: 2 years

Critical: Missing these deadlines means losing your right to sue. Contact an attorney immediately.

Common Myths About Getting Fired in Colorado

Myth 1: “I can sue for wrongful termination because I was fired unfairly”

Reality: “Unfair” doesn’t equal “illegal.” Colorado is at-will, so employers can fire you for a bad reason or no reason—just not an illegal reason (discrimination, retaliation, public policy violation).

Myth 2: “My employer has to give me warnings before firing me”

Reality: Colorado is at-will. Unless you have a contract requiring progressive discipline, your employer can fire you without warning.

Myth 3: “I can’t be fired for using marijuana in Colorado since it’s legal”

Reality: You’re protected for off-duty legal use, but employers can fire you if:

You’re impaired at work
Your job is safety-sensitive
It would violate federal law (federal contractors, DOT-regulated positions)

Myth 4: “My employee handbook is a contract”

Reality: Most Colorado handbooks include disclaimers stating they’re not contracts. Unless your handbook explicitly creates a contract (very rare), it doesn’t override at-will employment.

Myth 5: “I don’t need a lawyer for a discrimination case”

Reality: Employment law has strict deadlines and complex procedures. Colorado’s CCRD deadline is just 6 months. Most employment attorneys offer free consultations and work on contingency (no upfront cost).

Resources for Colorado Workers

Government Agencies

Colorado Civil Rights Division (CCRD)

Discrimination and Harassment Claims
Phone: 303-894-2997
Website: ccrd.colorado.gov

Colorado Department of Labor and Employment

Wage and Hour Division
Phone: 303-318-8441
Website: cdle.colorado.gov

Colorado Division of Workers’ Compensation

Workers’ Comp Retaliation Claims
Phone: 303-318-8700
Website: cdle.colorado.gov/workers-compensation

Colorado FAMLI Division

Paid Family and Medical Leave
Phone: 303-318-8804
Website: famli.colorado.gov

Equal Employment Opportunity Commission (EEOC)

Phoenix District Office (covers Colorado)
Phone: 1-800-669-4000
Website: eeoc.gov

U.S. Department of Labor – Wage and Hour Division

FMLA and Wage Violations
Phone: 1-866-487-9243
Website: dol.gov/agencies/whd

Legal Assistance

Colorado Legal Services

Free legal help for low-income workers
Phone: 303-837-1313
Website: coloradolegalservices.org

Colorado Bar Association – Lawyer Referral Service

Find an employment attorney
Phone: 303-860-1115
Website: cobar.org

Frequently Asked Questions

Can I be fired for no reason in Colorado?

Yes. Colorado is an at-will employment state, so your employer can fire you without stating a reason—unless the real reason is illegal (discrimination, retaliation, public policy violation).

How long do I have to file a wrongful termination claim in Colorado?

It depends on the type of claim:

Discrimination (CCRD): 6 months from termination
Discrimination (EEOC): 300 days from termination
FMLA/FAMLI violations: 2 years (3 years if willful)
Workers’ comp retaliation: 2 years
Breach of contract: 3 years
Public policy wrongful termination: 2 years

Act quickly—Colorado’s CCRD deadline is one of the shortest in the nation.

Can I be fired for using marijuana in Colorado?

It depends. Colorado law protects off-duty legal marijuana use, but employers can fire you if:

You’re impaired at work
Your position is safety-sensitive
It would violate federal law (federal contractors, DOT-regulated jobs)
It would cause employer to lose federal funding

When must I receive my final paycheck in Colorado?

Fired (involuntary termination): Immediately upon termination
Quit (voluntary resignation): Next regular payday

Colorado requires immediate payment when fired—one of the strictest final paycheck laws in the U.S.

Can I collect unemployment if I’m fired in Colorado?

It depends on why you were fired:

Fired for reasons beyond your control: You can collect unemployment
Fired for “misconduct”: You may be disqualified
Quit voluntarily: Generally not eligible (unless constructive discharge or good cause)

Apply through Colorado UI.

Do I need a lawyer to file a wrongful termination claim?

You’re not required to have a lawyer, but it’s strongly recommended. Colorado employment law has complex procedures and short deadlines (6 months for CCRD). Most employment attorneys offer free consultations and work on contingency (no upfront fees).

What is the average wrongful termination settlement in Colorado?

Settlements vary widely based on:

Type of violation
Your salary and length of employment
Strength of evidence
Damages suffered

Settlements range from $15,000 to $500,000+. Most cases settle for $50,000-$100,000.

What should I do immediately after being fired in Colorado?

Request termination reason in writing
Request your final paycheck immediately (Colorado law requires immediate payment)
Request your personnel file (Colorado law allows inspection)
Document everything (save emails, texts, performance reviews)
File for unemployment (within 10 days of job loss)
Consult an employment attorney (free initial consultation)
File agency complaints if applicable (note 6-month CCRD deadline)

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