Colorado Wrongful Termination Statute of Limitations: Filing Deadlines (2026)

If you were wrongfully fired in Colorado, you have a limited window to act. Most workers must file with a state or federal agency within 300 days of termination. Miss that deadline, and you may permanently lose your right to seek compensation.

This guide explains every deadline that applies to Colorado wrongful termination claims, when your clock starts running, and what can extend or pause your filing window.

How Long Do You Have to File a Wrongful Termination Claim in Colorado?

There is no single answer. The deadline that applies to your case depends on the legal basis for your claim. Colorado wrongful termination cases fall into three main categories, each with its own time limit.

Most wrongful termination claims in Colorado involve discrimination or retaliation, which means the 300-day administrative deadline almost always applies first.

The CADA 300-Day Deadline: Your Most Important Deadline

The Colorado Anti-Discrimination Act (CADA), codified at C.R.S. § 24-34-401 et seq., is Colorado's primary anti-discrimination law. It prohibits employers from firing workers based on protected characteristics such as race, color, sex, religion, national origin, disability, age, sexual orientation, and gender identity.

If your termination involved discrimination or retaliation under CADA, you must file a charge with the Colorado Civil Rights Division (CCRD) within 300 days of the discriminatory act. The CCRD is the state agency that investigates CADA violations.

This 300-day window is not flexible in most situations. If you miss it, the CCRD will dismiss your charge as untimely, and you will lose your right to pursue a CADA-based wrongful termination claim in court.

What CADA Protects

CADA applies to employers with one or more employees, which is broader than federal law. Under CADA, it is illegal to fire an employee because of:

• Race, color, or national origin
• Sex, including pregnancy and related conditions
• Sexual orientation or gender identity
• Religion or creed
• Disability (physical or mental)
• Age (40 and older, for employers with 25+ employees)
• Marital status

If your employer fired you for any of these reasons, the CCRD is where your claim begins. You can learn more about the full process in our guide to filing a CCRD complaint.

The EEOC 300-Day Deadline: Federal Discrimination Claims

Federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), also protect Colorado workers.

Because Colorado has its own anti-discrimination agency (the CCRD), federal law gives Colorado workers 300 days to file with the Equal Employment Opportunity Commission (EEOC), rather than the shorter 180-day deadline that applies in states without their own agencies.

The good news: filing with the CCRD generally also satisfies the EEOC deadline through a "work-sharing agreement" between the two agencies. You typically do not need to file separately with both. However, confirming this with an attorney before assuming it applies to your situation is advisable.

If the EEOC investigates and closes your case, you will receive a Right to Sue letter. You then have 90 days from receiving that letter to file a lawsuit in federal court.

Breach of Contract Claims: 3-Year Deadline

Not every wrongful termination is discrimination-based. Some workers are fired in violation of a written employment contract, an implied contract created by an employee handbook, or an oral promise of job security.

Under C.R.S. § 13-80-101(1)(a), Colorado's statute of limitations for breach of written contract is three years. For oral contracts, the same three-year period applies under C.R.S. § 13-80-101(1)(a) as well, since Colorado courts generally apply the same limitation to both.

The three-year clock starts running from the date your employer breached the contract, which in a termination case is typically the date you were fired.

Examples of Contract-Based Wrongful Termination

• Your employer signed a one-year employment agreement and fired you after three months without cause
• Your employee handbook stated that employees would only be fired "for cause," and your employer fired you without following that process
• A supervisor promised you job security in exchange for relocating, and you were terminated shortly after moving

If your situation involves a written agreement, review our overview of Colorado wrongful termination claims to understand how contract claims fit into the broader legal framework.

Tort-Based Claims: 2-Year Deadline

Some wrongful termination cases involve conduct so severe that Colorado courts recognize a tort claim alongside or instead of a contract claim. The most common tort claim in this context is outrageous conduct, also called intentional infliction of emotional distress.

Under C.R.S. § 13-80-102, the statute of limitations for most tort claims in Colorado is two years. This applies to:

• Intentional infliction of emotional distress (outrageous conduct)
• Fraudulent misrepresentation related to employment
• Invasion of privacy claims arising from the termination

The two-year clock typically begins on the date the harmful conduct occurred or, in some cases, when you discovered the harm.

Public Policy Wrongful Termination Claims: 2-Year Deadline

Colorado recognizes a common-law claim for wrongful termination in violation of public policy. This applies when an employer fires a worker for a reason that violates an established public policy of the state, even if the employer is not subject to a specific anti-discrimination statute.

Common examples include:

• Firing an employee for filing or threatening to file a workers' compensation claim
• Terminating an employee for serving on a jury
• Firing an employee for reporting a crime or cooperating with a law enforcement investigation
• Terminating an employee for refusing to commit an illegal act

Colorado courts treat public policy wrongful termination claims as tort claims. The deadline is two years from the date of termination under C.R.S. § 13-80-102.

When Does the Clock Start Running?

For most wrongful termination claims, the statute of limitations begins on the date of your termination, meaning the day you were formally notified that your employment was ending.

However, the clock can start at a different point in certain situations.

The Discovery Rule

Colorado courts recognize the discovery rule in some cases. Under this doctrine, the statute of limitations does not begin to run until you knew, or reasonably should have known, that you suffered harm and that the harm may have been caused by your employer's wrongful conduct.

This rule most commonly applies when:

• Your employer concealed the real reason for your termination
• You were not aware that the conduct violated the law until later
• Medical or psychological conditions prevented you from recognizing the harm

Courts apply the discovery rule narrowly. Simply not knowing your legal rights does not pause the clock. You must show that a reasonable person in your position also could not have discovered the claim earlier.

The Continuing Violation Doctrine

The continuing violation doctrine can extend the CCRD or EEOC filing window when discrimination was part of an ongoing pattern rather than a single act.

Under this doctrine, if your employer engaged in a series of related discriminatory actions leading up to your termination, some of the earlier acts may be included in your charge even if they occurred more than 300 days before you filed.

The key requirement is that the discriminatory conduct must be part of a unified pattern, not a series of isolated incidents. A hostile work environment that progressively worsened and culminated in your termination is the most common situation where this doctrine applies. You can learn more about how ongoing discrimination is handled in our CADA guide for Colorado workers.

Exceptions That May Pause the Clock (Tolling)

Tolling pauses the statute of limitations, extending the time you have to file. Colorado law recognizes several tolling exceptions.

Minority or legal disability: Under C.R.S. § 13-80-116, the statute of limitations is tolled while the claimant is a minor (under 18) or is under a legal disability, such as a court-determined incapacity.

Fraudulent concealment: If your employer actively concealed the wrongful conduct or the facts giving rise to your claim, Colorado courts may toll the statute of limitations for the period of concealment.

Contractual tolling: In some cases, a severance agreement or settlement negotiation may contain provisions that toll the filing deadline. Read any severance agreement carefully before signing, as these documents may also waive your right to file claims entirely.

Government entity defendants: If your former employer is a government entity, Colorado's Governmental Immunity Act (C.R.S. § 24-10-101 et seq.) imposes additional requirements, including a 182-day notice deadline before you can file certain claims.

What Happens If You Miss the Deadline?

Missing the statute of limitations is not a minor procedural error. It is a complete bar to your claim.

If you file a charge with the CCRD after the 300-day window has closed, the agency will dismiss your charge. You cannot go to court on CADA or Title VII claims without first exhausting this administrative process, so a dismissal for untimeliness effectively ends your discrimination-based case.

For contract and tort claims, a court will dismiss any lawsuit filed after the applicable statute of limitations has expired, regardless of the merits of your underlying claim.

This is why it is critical to act quickly after termination, even if you are still processing the situation emotionally or exploring whether you have a case.

Practical Timeline: What to Do and When

The following is a general guide based on common situations. Your specific deadlines will depend on the facts of your case.

Day 1 (Date of termination): Your clocks start running. Write down every detail you remember: what was said, who was present, what documentation you were given.

Within the first 30 days: Gather and preserve evidence. This includes any written communications (emails, texts, letters), your employee handbook, your employment contract if you have one, and any performance reviews.

Within 60 days: Consult an employment attorney. Most offer free initial consultations for wrongful termination cases. An attorney can identify which claims apply to your situation and which deadlines govern.

Within 90-180 days: If you are pursuing a discrimination or retaliation claim, file your charge with the CCRD. Filing early gives the agency more time to investigate and gives you more options.

Before day 300: Your CCRD or EEOC charge must be filed. This is a hard deadline for discrimination and retaliation claims.

After receiving a Right to Sue letter: You have 90 days to file a lawsuit in federal court. Do not wait.

Colorado vs. Federal Filing Deadlines: Side-by-Side Comparison

Frequently Asked Questions

Does the 300-day deadline apply if I was fired for a non-discriminatory reason?

Not necessarily. The 300-day CCRD and EEOC deadline applies specifically to claims involving discrimination or retaliation under CADA or federal civil rights laws. If your wrongful termination claim is based on a breach of contract or a public policy violation unrelated to discrimination, a different deadline applies. The contract claim deadline is three years, and public policy claims are subject to a two-year limit.

Can I file directly in court without going through the CCRD or EEOC?

For CADA and federal civil rights claims, you must first exhaust the administrative process through the CCRD or EEOC before you can file a lawsuit. You cannot skip this step. For breach of contract or tort claims, you can file directly in Colorado district court without going through an administrative agency.

What if my employer is still negotiating with me after my termination?

Settlement negotiations do not automatically pause the statute of limitations. If you are in discussions with your employer or their insurer, the clock is still running. You may need to file your charge or lawsuit to protect your rights even while talks continue.

I signed a severance agreement. Can I still file a claim?

It depends on the language of the agreement. Many severance agreements include a waiver of the right to file EEOC charges or pursue litigation. If you signed such an agreement, you may have waived your claim. An employment attorney can review the specific terms of your severance agreement and advise you on whether the waiver is enforceable.

Does the discovery rule apply to discrimination claims?

Generally, no. For CADA and EEOC charges, courts apply the limitations period strictly from the date of the discriminatory act, not from when you discovered that the act was discriminatory. The discovery rule has very limited application in the administrative charge context.

Related Topics

• Colorado Wrongful Termination: Your Rights and Options
• CADA: Colorado's Anti-Discrimination Law Explained
• How to File a CCRD Complaint in Colorado

The deadlines in wrongful termination cases are strict, and missing one can permanently end your case. If you were recently fired and believe your termination was illegal, speaking with an employment attorney as soon as possible is your most important next step. Most employment attorneys offer free initial consultations for wrongful termination matters.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.