Termination
Facing a firing? This guide explains wrongful termination Colorado law, how at‑will limits protect you, common illegal reasons (discrimination, retaliation, refusal to commit illegal acts), critical filing deadlines, what evidence to gather, and possible remedies like back pay or reinstatement. Act fast—learn practical steps to preserve claims and when to consult an employment lawyer today.

Estimated reading time: 14 minutes
Key Takeaways
Colorado is an at-will state, but “at-will” does not give employers a free pass to break the law. Firings for illegal reasons—like discrimination, retaliation, or violating public policy—can be wrongful termination.
Wrongful termination in Colorado includes being fired for refusing illegal acts, fulfilling legal duties (jury duty or military service), reporting violations, or exercising protected rights.
Deadlines are critical. The Colorado Civil Rights Division requires filing within a legally defined period from the last alleged act, and federal EEOC timelines can be as short as 180 days depending on the claim.
Proof often turns on documentation and timing: performance records, complaint emails, texts, witness statements, and how your employer treated others in similar situations.
Remedies can include back pay, front pay, reinstatement, emotional distress damages, and sometimes punitive damages. Some cases also secure policy changes or training commitments.
If health or injury issues are involved, understand the overlap between retaliation and workers’ compensation, ADA accommodations, and leave rights before you take your next step.
Table of Contents
Introduction
At-Will Employment in Colorado
What Counts as Wrongful Termination in Colorado
Common Illegal Reasons and Examples
Discrimination-Based Firings
Retaliation and Whistleblowing
Protected Civic Duties
Refusing Illegal Conduct
Taking Protected Leave
How to Prove Wrongful Termination
Where and When to File in Colorado
Remedies and Damages
Special Situations in Colorado
Workers’ Comp Retaliation and Injury Overlap
Non-Competes and Off-Duty Conduct
Practical Steps After a Firing
Choosing the Right Lawyer in Colorado
Mistakes to Avoid
Conclusion
FAQ
Can I be fired without cause in Colorado?
How long do I have to file a CCRD or EEOC complaint?
What evidence helps prove wrongful termination?
Can I get my job back after wrongful termination?
What if I signed an arbitration agreement?
Introduction
If you were let go and are searching for answers about wrongful termination Colorado law, you are not alone. Many workers are told they can be fired “at-will,” then pressured to accept a firing that feels unfair, retaliatory, or discriminatory. At-will employment is real—but it has important limits that protect you. When employers cross those lines, the firing can be illegal.
This guide explains Colorado’s rules in plain English. You will learn how at-will works, what counts as wrongful termination, where to file a complaint, the deadlines that can make or break a case, and the evidence that persuades investigators, mediators, and judges. If you believe your rights were violated, acting quickly matters.
At-Will Employment in Colorado
Most Colorado employees work “at-will.” That means either the employer or employee can end the relationship at any time, with or without cause, and with or without notice. But at-will does not allow an employer to fire for an unlawful reason. As one plain-language overview notes, wrongful termination occurs when the employer dismisses a worker for reasons that violate law or public policy, even in an at-will setting, such as firings based on protected characteristics or retaliation for exercising legal rights. This basic definition appears in several Colorado-focused explainers, including the MightyRecruiter guide on at-will and wrongful termination in Colorado and employment-law primers from local attorneys.
Colorado employment practitioners also emphasize that “at-will” has exceptions. For example, being fired for an illegal reason can be challenged under state and federal law. As one firm summarizes, employers cannot legally fire you for unlawful reasons even though Colorado is an at-will state, a point highlighted in Bachus & Schanker’s employment law overview.
To understand these exceptions more deeply, it helps to distinguish “unfair” from “unlawful.” A termination may feel arbitrary or unreasonable but still be legal. It becomes wrongful when the reason violates anti-discrimination statutes, retaliation protections, an employment contract, or Colorado public policy.
What Counts as Wrongful Termination in Colorado
Several categories of illegal reasons can turn an at-will termination into a wrongful one. Colorado sources consistently identify:
Discrimination based on protected characteristics (for example, race, sex, disability, or age).
Retaliation for reporting misconduct, raising safety or wage complaints, requesting accommodations, or participating in an investigation.
Public policy violations, such as firing you for refusing to commit an illegal act or for performing a legal duty.
Breaches of employment contracts, including written contracts, implied promises, and certain handbooks.
In Colorado-specific summaries, these patterns repeat. A statewide HR-law resource asks “What constitutes wrongful termination in Colorado?” then lists reasons such as refusing illegal activity and performing a legal duty like jury or military service; see WorkforceHub’s Colorado termination guide. Colorado attorneys likewise explain that wrongful termination can occur when an employer violates state or federal laws, breaches an employment contract, or dismisses an employee for prohibited reasons, as described in Downey Law PC’s Denver-focused overview.
Put simply, at-will is the starting point. Unlawful motive is what transforms a firing into a viable claim. As another Colorado employment practice notes, being at-will does not permit illegal reasons—if you are fired for a protected reason, you may have the right to sue. This is captured in Livelihood Law’s wrongful termination explainer and echoed in Bachus & Schanker’s discussion of wrongful termination under Colorado law.
Common Illegal Reasons and Examples
Illegal terminations show up in repeat fact patterns. Recognizing them helps you evaluate your situation and collect evidence quickly.
Discrimination-Based Firings
Colorado and federal law forbid adverse actions because of protected characteristics like race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion, disability, and age. Termination decisions tied to stereotypes, bias comments, differential discipline, or denial of accommodations can all point to discriminatory motive.
If you suspect a discriminatory firing, review our step-by-step guidance in Understanding Workplace Discrimination Laws for Employees and our practical tips to build a strong case in Mastering Workplace Discrimination Claims for Legal Success. When a firing appears directly tied to a protected trait (for example, pregnancy or disability), see targeted resources like Pregnancy Discrimination Lawyer: Your Complete Guide or Legal Guidance from a Disability Discrimination Attorney.
Retaliation and Whistleblowing
Retaliation is one of the most common wrongful-termination theories. Colorado workers are protected against adverse action for engaging in protected activity—such as reporting discrimination or harassment, filing wage complaints, requesting accommodations or leave, cooperating in an investigation, or raising safety concerns. Importantly, state guidance notes protection can attach even when the employer merely believes you might make a complaint, as summarized in the Colorado Department of Labor’s bulletin INFO #5A: Retaliation Protections.
To understand how courts and agencies evaluate retaliation claims, including timing, comparators, and pretext, see our in-depth primer How a Workplace Retaliation Lawyer Can Protect Your Rights After Employer Retaliation.
Protected Civic Duties
Colorado recognizes terminations that punish people for doing what the law requires as wrongful. Firing employees for serving on a jury, responding to a subpoena, testifying truthfully, or performing military service can violate state public policy. A Colorado employment law summary highlights that performing a legal duty like jury or military service is protected; see WorkforceHub’s overview of wrongful termination in Colorado. For a deeper dive on civic leave and practical steps, read Understanding Jury Duty Rights at Work.
Refusing Illegal Conduct
Colorado public policy prohibits firing workers for refusing to commit an illegal act. Terminations for refusing to falsify records, break safety rules, or participate in fraud routinely trigger wrongful discharge claims. A multistate employment guide confirms that a wrongful termination claim may be brought when an employee is fired for refusing to perform unlawful actions, a principle that applies in Colorado; see the Colorado entry in Baker Donelson’s Quick and Easy Guide to Labor and Employment Law. We also explain these public-policy exceptions and how to prove them in Understanding At-Will Employment Exceptions.
Taking Protected Leave
Firing someone for exercising leave rights (for example, FMLA medical leave) or for requesting reasonable accommodations under the ADA can be unlawful. If you were disciplined or terminated shortly after seeking time off for surgery, pregnancy, disability-related treatment, or intermittent leave, the timing may support a retaliation or interference claim. Learn more in our resources on Can I Be Fired While on FMLA? and the return-to-work intersection of disability rights in ADA and Workers’ Compensation: How ADA Rights Interact with Workers’ Comp.
How to Prove Wrongful Termination
Evidence wins cases. Strong files show what really happened and why. Focus on:
Timing and patterns. Sudden discipline after you complain or request leave can signal retaliation.
Comparators. How did your employer treat coworkers who made similar mistakes or had similar performance?
Documents. Save emails, texts, written warnings, attendance logs, schedules, performance reviews, and your job description.
Policy and practice. Handbooks, leave policies, accommodation procedures, and progressive-discipline steps help show deviations.
Witnesses. Identify who saw events, heard comments, or handled your complaints.
Pretext indicators. Shifting explanations, sudden rule changes, or inflated performance concerns can show the stated reason is not the real one.
If you believe your firing violates public policy or anti-discrimination laws, reading a quick overview first can help you organize proof. See What To Do If You’ve Been Wrongfully Terminated From Job for an evidence checklist and immediate steps to protect your claim.
Where and When to File in Colorado
Deadlines are strict. Many claims must be filed with a government agency before you can sue. In Colorado, discrimination and retaliation claims can be filed with the Colorado Civil Rights Division (CCRD) or the EEOC. The state agency explains there is a legal requirement to file within a specific period of time from the date of the last alleged violation; see The Complaint Process from the Colorado Civil Rights Division.
Federal EEOC deadlines often run 180 or 300 days from the challenged action, depending on the type of claim and whether state laws also apply. To understand the federal timing rules and how dual filing works, review our walkthrough in Filing a Complaint With the EEOC Made Easy and our deeper guide to deadline variations in How Long You Have to File a Workplace Discrimination Claim.
Public-policy wrongful discharge and contract claims often follow different statutes of limitations (for example, in Colorado courts), and those time limits can be shorter than you expect. Because deadlines and venue choices are complex, it is wise to act quickly and get tailored guidance before time runs out.
Remedies and Damages
Wrongful termination remedies aim to make you whole and deter future violations. Depending on the claim, potential outcomes include:
Back pay for lost wages and benefits from the termination date to resolution.
Front pay if reinstatement is not feasible (for example, after a toxic breakdown in trust).
Reinstatement to your job or a comparable role, especially in discrimination cases.
Compensatory damages (for emotional distress) and, in some circumstances, punitive damages.
Attorney’s fees and costs where statutes allow.
Policy changes, training, or other non-monetary terms that help stop retaliation or bias.
Colorado employment litigators report recovering significant damages for employees in unlawful termination disputes, reflecting both economic losses and statutory remedies; see the perspective shared by Baird Quinn on Colorado wrongful discharge cases. For when courts tend to favor reinstatement over money, review Reinstatement After Wrongful Termination.
Special Situations in Colorado
Some Colorado-specific concerns come up repeatedly. Two areas deserve special attention.
Workers’ Comp Retaliation and Injury Overlap
Colorado protects workers who report injuries, file workers’ compensation claims, or request light duty or reasonable accommodations for medical conditions. Firing someone for asserting those rights can amount to retaliation or a public-policy violation. If you’ve navigated doctor’s restrictions, a transitional duty assignment, or workers’ compensation while your employer ramped up discipline, document the timeline carefully. For the interplay of return-to-work, ADA accommodations, and workers’ comp, see ADA and Workers’ Compensation: How ADA Rights Interact with Workers’ Comp.
Non-Competes and Off-Duty Conduct
Colorado has tightened rules on non-compete agreements and imposed limits on adverse actions tied to lawful off-duty conduct, including evolving marijuana laws. These issues do not always create wrongful termination claims by themselves, but they often shape negotiations, severance, and contract strategies. If your firing involved a restrictive covenant or your off-duty activities, evaluate whether those policies comply with current state law before you sign any release or separation agreement.
Practical Steps After a Firing
Practical moves in the first days and weeks can change your case trajectory:
Write down the timeline. Include dates of complaints, requests for leave or accommodations, performance meetings, and your termination conversation.
Collect documents. Save policies, emails, texts, schedules, pay stubs, performance evaluations, warnings, and your termination letter.
Request your personnel file if appropriate. State rules vary on access and copies; stay professional in your request.
Protect digital evidence. Preserve device data, call logs, and messages, but do not misappropriate confidential employer information.
Apply for unemployment promptly. Be consistent with how you describe the termination and your availability to work.
Mind deadlines. Put CCRD/EEOC and court time limits on your calendar now.
For a structured checklist, see What To Do If You’ve Been Wrongfully Terminated From Job. If leave or medical issues are involved, use our plain-English guide Can I Be Fired While on FMLA? to spot retaliation risks early.
Choosing the Right Lawyer in Colorado
Employment law is deadline-heavy and fact-intensive. A knowledgeable attorney can help you: assess claims, preserve evidence, meet agency-filing requirements, value damages, and negotiate a faster settlement or prepare a strong case for litigation. A Colorado-centric overview of wrongful termination underscores that cases may involve contract breaches, anti-discrimination statutes, and public-policy torts—all requiring different strategies; see the “what is wrongful termination” discussion in Downey Law PC’s Denver article for context.
If you are weighing your options, this comprehensive primer explains scope, evidence, and timing: The Ultimate Guide to Hiring a Wrongful Termination Lawyer. For a quick refresher on why at-will is not the final word, revisit At-Will Employment Exceptions.
Mistakes to Avoid
A few preventable missteps can undercut a strong case:
Missing the filing window. The CCRD emphasizes legal deadlines to file from the last alleged act; see The Complaint Process. Don’t assume you have years—some limits are measured in months.
Not documenting your story. If you only keep mental notes, you lose critical details. Start a timeline the day the issue surfaces.
Relying on verbal assurances. If HR promises to “look into it,” ask for confirmation in writing.
Posting or venting on social media. Public posts can be used against you. Keep communications professional and focused on the facts.
Signing severance without review. Releases may waive claims and restrict future rights. Learn the moving parts in Severance Agreement Review: Essential Steps and Tips.
Remember: workers are protected even if the employer merely believes you might make a complaint, per Colorado’s retaliation guidance in INFO #5A. Preserve those moments in writing.
Conclusion
Colorado’s at-will rule gives employers flexibility, but it does not erase your rights. Wrongful termination claims arise when a firing crosses legal lines—discrimination, retaliation, contract violations, or public-policy breaches such as refusing illegal acts or serving on a jury. Several Colorado explanations reinforce these limits on at-will employment and the right to sue when an employer fires for an illegal reason, including the MightyRecruiter Colorado guide, Livelihood Law’s overview, and statewide summaries like WorkforceHub’s Colorado termination laws. When firings involve retaliation or discrimination, Colorado agencies and courts can award meaningful remedies, a point Colorado employment lawyers regularly highlight; see Baird Quinn’s discussion of damages in Colorado wrongful discharge cases and the general explanation of what “wrongful termination” means under at-will in Bachus & Schanker’s employment-law page.
If your termination followed a complaint, a leave request, a refusal to break the law, or fulfilling a civic duty, move fast. The Colorado Civil Rights Division stresses the legal requirement to file within specific time limits, and federal EEOC deadlines are tight. Organize your timeline, preserve documents, and consider a focused consultation to weigh CCRD vs. EEOC filing, damages, and settlement options.
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FAQ
Can I be fired without cause in Colorado?
Yes—Colorado is an at-will state. But an employer cannot fire you for an illegal reason. Firings based on discrimination, retaliation, breach of contract, or public policy can be wrongful termination. Colorado-focused explainers outline these limits on at-will employment, including the MightyRecruiter Colorado guide and Livelihood Law’s wrongful termination overview. For the most common exceptions, see At-Will Employment Exceptions.
How long do I have to file a CCRD or EEOC complaint?
It depends on the claim, but deadlines can be short. The Colorado Civil Rights Division emphasizes there is a legal requirement to file within a specific period from the last alleged act. Federal EEOC deadlines are often 180 or 300 days. Learn how federal timing works and when dual filing might help in Filing a Complaint With the EEOC Made Easy and our deep-dive on How Long You Have to File a Workplace Discrimination Claim.
What evidence helps prove wrongful termination?
Persuasive proof includes timelines showing suspicious timing, emails and texts, policy documents, performance reviews, written warnings, witness statements, and records of accommodation or leave requests. Pretext indicators—like shifting explanations or departure from usual discipline—also matter. For a quick checklist, see What To Do If You’ve Been Wrongfully Terminated From Job.
Can I get my job back after wrongful termination?
Sometimes. Courts or agencies can order reinstatement, especially in discrimination or retaliation cases, though front pay is sometimes awarded instead. Learn when reinstatement is favored and how it’s enforced in Reinstatement After Wrongful Termination.
What if I signed an arbitration agreement?
You may still have a viable claim, but it might be resolved in arbitration instead of court. Arbitration affects procedure and timelines—not necessarily your underlying rights. Before filing, have a lawyer review any arbitration or class-action waiver in your onboarding or separation documents. For help evaluating counsel and strategy, start with The Ultimate Guide to Hiring a Wrongful Termination Lawyer.


