Wrongful Termination in Colorado (2026): Laws, Deadlines, How to File

Colorado is an employment-at-will state, so a firing is wrongful only when it breaks a specific law or promise. The main state law is the Colorado Anti-Discrimination Act (CADA), which makes it unlawful under C.R.S. 24-34-402 to discharge an employee because of a protected characteristic and covers employers of every size. Colorado courts also recognize a claim for a firing that violates public policy, under Martin Marietta Corp. v. Lorenz (1992), and Colorado statutes protect workers who complain about wages, use paid sick or family leave, serve on a jury, or engage in lawful off-duty activity.

A CADA charge must reach the Colorado Civil Rights Division within 300 days. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado law on firing employees: the employment provisions of the Colorado Anti-Discrimination Act (C.R.S. 24-34-301 to 24-34-405), the lawful off-duty activity statute (24-34-402.5), the public-policy and handbook exceptions recognized by the Colorado Supreme Court, and Colorado retaliation statutes on wages, sick and family leave, jury service and voting, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Colorado severance pay laws.

Colorado statute text on this page comes from the 2026 edition of the Colorado Revised Statutes published by the Office of Legislative Legal Services.

Is Colorado an at-will state?

Yes. Colorado has no statutory just-cause rule; its courts and legislature have carved specific exceptions to at-will employment. For how the doctrine works day to day, see Colorado at-will employment laws.

So the question after a Colorado firing is whether one of those exceptions applies. Colorado has more of them than most states.

Grounds for a wrongful termination claim in Colorado

Discrimination under the Colorado Anti-Discrimination Act

C.R.S. 24-34-402(1)(a)(I) makes it a discriminatory or unfair employment practice to discharge an individual because of "disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry." Pregnancy, childbirth and related conditions are addressed in a companion section, 24-34-402.3. For CADA, age means age 40 or older (C.R.S. 24-34-301(1)).

Who is covered. CADA's definition of "employer" in 24-34-401(3) includes the state, its political subdivisions and "every other person employing persons within the state," with no minimum number of employees. It excludes religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing.

That is much broader than federal law: Title VII and the ADA apply to employers with 15 or more employees, and the federal age law to employers with 20 or more (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)).

Retaliation. CADA also makes it unlawful to discriminate against a person for opposing a practice CADA prohibits, filing a charge with the commission, or testifying or participating in a CADA investigation or hearing (C.R.S. 24-34-402(1)(e)(IV)). The same 300-day charge deadline and Division process apply.

The 2023 POWR Act. SB23-172, the Protecting Opportunities and Workers' Rights Act, took effect August 7, 2023. According to the bill page, it provides that harassment need not be severe or pervasive to be unlawful, added marital status as a protected class, narrowed the disability exception, set requirements for an employer's affirmative defense to supervisor harassment, set conditions on nondisclosure provisions, and requires employers to keep records for five years.

Firing in violation of public policy (Martin Marietta v. Lorenz)

In Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992), the Colorado Supreme Court held "that a claim for wrongful discharge under the public-policy exception to the at-will employment doctrine is cognizable in Colorado." For a claim based on refusing to do something, the employee must also show the employer knew or should have known that the refusal rested on the employee's reasonable belief that the act was unlawful.

Lorenz involved a federal criminal statute on false statements to the government. The opinion surveyed categories other states recognize (refusing to participate in illegal activity, refusing to forsake a public duty, exercising a job-related right, and whistleblowing) and approved a Colorado Court of Appeals decision, Lathrop v. Entenmann's, Inc. (1989), which said that firing an employee in retaliation for exercising workers' compensation rights "violates Colorado's public policy" and "provides the basis for a common law claim." Our research located no separate Colorado statute on workers' compensation retaliation. For benefits, see Colorado workers' compensation laws.

When the clock starts. Lorenz held that the claim accrues on the date of actual discharge, not the date the employee was told about it.

Handbooks, implied contracts and promissory estoppel (Keenan)

In Continental Air Lines, Inc. v. Keenan, 731 P.2d 708 (Colo. 1987), the Colorado Supreme Court considered whether an employee may sue when the employer fails to follow termination procedures in its handbook. It recognized that a handbook may create contractual rights through offer and acceptance.

Alternatively, an employee may recover under promissory estoppel by showing that the employer "should reasonably have expected the employee to consider the employee manual as a commitment from the employer to follow the termination procedures," that the employee reasonably relied on it to his detriment, and that injustice can be avoided only by enforcement. Our research did not cover how Colorado courts treat handbook disclaimers, or whether Colorado recognizes a covenant of good faith limiting at-will firing.

Lawful off-duty activity

C.R.S. 24-34-402.5(1) makes it a discriminatory or unfair employment practice "to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours." The ban does not apply where the restriction relates to a bona fide occupational requirement or is needed to avoid a conflict of interest.

The remedy is a civil action for the wages and benefits that would have been due up to judgment, reduced by what the employee earns or could earn elsewhere (24-34-402.5(2)(a)). A prevailing plaintiff recovers costs and a reasonable attorney's fee, but not an employee of a business with 15 or fewer employees (24-34-402.5(2)(b)).

Marijuana. In Coats v. Dish Network, LLC, 2015 CO 44, the Colorado Supreme Court considered whether medical marijuana use that complies with Colorado's Medical Marijuana Amendment but is unlawful under federal law is a "lawful activity" under this statute, and held that an activity unlawful under federal law, such as medical marijuana use, is not a "lawful" activity under 24-34-402.5, so the fired employee's claim failed.

Wage complaints

C.R.S. 8-4-120(1) bars an employer from discharging or retaliating against a worker who has filed a wage complaint, testified, or "raised concerns in good faith" about wage or hour rights. A worker may bring a civil action for back pay, reinstatement or front pay, unlawfully withheld wages, 12% interest, a $50-per-day penalty, liquidated damages of the greater of two times lost pay or $2,000, injunctive relief and compensatory damages (emotional-distress damages capped at the CADA amounts in 24-34-405(3)(d)), and a prevailing plaintiff recovers attorney fees (8-4-120(3)). An adverse action within 90 days after the protected activity may be enough to infer retaliation (8-4-120(3)(c)). For pay owed at separation, see Colorado final paycheck laws.

Paid sick leave and FAMLI leave

• Paid sick leave: under the Healthy Families and Workplaces Act, C.R.S. 8-13.3-407(2)(a), an employer "shall not take retaliatory personnel action or discriminate against an employee or former employee" for exercising rights under the act, including requesting or using paid sick leave. A determination may order reinstatement and lost pay until reinstatement (8-13.3-407(5)(b)). The employee may also sue in district court (8-13.3-411(4)).
• FAMLI leave: C.R.S. 8-13.3-509(4) bars retaliatory personnel action against a person who exercised paid family and medical leave rights. The employee may sue for the damages and equitable relief available under the federal FMLA, within two years after the last event, or three years if willful (8-13.3-509(6)).

Jury service and voting

• Jury service: C.R.S. 13-71-134(1) bars an employer from depriving an employed juror of employment, or harassing, threatening or coercing an employee because of a juror summons. The juror may sue for damages or an injunction, and the court may award treble damages and reasonable attorney fees for willful misconduct. A willful violation is also a class 2 misdemeanor.
• Voting: C.R.S. 1-7-102 provides two hours of leave while the polls are open, with the application made before election day, and says the absence "shall not be sufficient reason for the discharge of any person from service or employment."

Health and safety concerns and whistleblowing

C.R.S. 8-14.4-102(1) bars a principal from retaliating against a worker for raising, in good faith, a reasonable concern about workplace violations of government health or safety rules or about a significant workplace threat. Our research did not locate a general private-sector whistleblower statute in Colorado; a worker fired for refusing to act unlawfully or for reporting may rely on the Lorenz public-policy claim. For more, see Colorado whistleblower laws.

Wrongful termination deadlines in Colorado

Public-policy deadline. Lorenz applied the tort limitations period in force for a 1975 firing, not today's statute, and our research found no recent decision applying the two-year period in 13-80-102(1)(a) to this claim. Get advice promptly rather than assuming a longer period applies. Wage-act claims, including the 8-4-120 retaliation action, must be filed within two years, or three years for a willful violation (C.R.S. 8-4-122). A paid sick leave retaliation claim may be filed in district court within two years after the violation, after first filing a complaint with the Division of Labor Standards and Statistics or sending the employer a written demand (C.R.S. 8-13.3-411(4)).

The 300-day CADA deadline. HB22-1367 (signed June 8, 2022, effective August 10, 2022) extended the time to file a charge from 6 months to 300 days. A charge not filed in time "is barred" (24-34-403).

The EEOC deadline in Colorado. The EEOC's Denver Field Office says an individual has 300 days from the date of the alleged harm to file a charge against a Colorado employer with 15 or more employees, and 300 days for age against an employer with 20 or more. The Phoenix District Office says an individual "usually has 300 days" in Colorado. A charge against an employer of any size can also be filed with the Colorado Civil Rights Division under CADA within 300 days (C.R.S. 24-34-403).

Where to file in Colorado

• CADA claims: the Colorado Civil Rights Division in the Department of Regulatory Agencies, which enforces CADA in employment, housing and public accommodations. Under 24-34-403, a charge is filed with the Colorado Civil Rights Commission under the procedure in 24-34-306.
• Federal claims: the EEOC, through the EEOC Public Portal or by phone at 1-800-669-4000 when a deadline is near.
• Public-policy, contract, off-duty activity, wage-retaliation, FAMLI and jury-service claims: in court, under the statutes and cases above.

Exhausting the Division process

C.R.S. 24-34-306(14) bars a CADA lawsuit unless the employee first exhausts the Division process, except on clear and convincing evidence of ill health. Exhaustion is complete when the employee receives a notice of right to sue (24-34-306(15)). The Division must promptly grant a request made more than 180 days after the charge was filed, and must grant an earlier request if its investigation will not be finished within 180 days.

If the Division dismisses the charge for lack of probable cause, the civil action must be filed within 90 days after the dismissal notice is mailed (or within 90 days after the commission dismisses an appeal, which must be filed within 10 days) (24-34-306(2)(b)(I)). When the commission's jurisdiction ends, including when a right-to-sue notice issues, "the complainant must file a civil action within ninety days" (24-34-306(11)(b)).

What a court can award in Colorado

Equitable relief. Under C.R.S. 24-34-405(2), a court may order reinstatement or hiring with or without back pay, front pay and other equitable relief. Back pay may not reach back more than two years before the charge was filed, and is reduced by interim earnings or amounts reasonably available.

Damages for intentional discrimination. In a civil action for an intentional practice, the employee may recover compensatory damages (pecuniary losses, emotional pain, inconvenience, mental anguish and loss of enjoyment of life) and, against a non-governmental employer, punitive damages on clear and convincing evidence of "malice or reckless indifference" (24-34-405(3)). Punitive damages are not awarded if the employer shows good-faith efforts to comply with CADA and prevent discrimination (24-34-405(3)(b)(I)). Punitive damages are not available for a disparate-impact claim alone. Either party may demand a jury when damages are sought (24-34-405(4)).

Caps. Combined compensatory and punitive damages "shall not exceed the amounts specified in 42 U.S.C. sec. 1981a (b)(3)" (24-34-405(3)(d)(I)), which range from $50,000 to $300,000 by employer size. For employers with fewer than 15 employees, the caps are:

Back pay, front pay and interest are in addition to the capped damages (24-34-405(3)(e)).

Attorney fees. The court "may award reasonable attorney fees and costs to the prevailing plaintiff," and may award them to a defendant only if the action was frivolous, groundless or vexatious (24-34-405(5)).

Personnel file access after a firing

C.R.S. 8-2-129(1) requires employers, upon request, to let an employee inspect and copy his or her personnel file at least once a year, and provides that "a former employee may make one inspection of his or her personnel file after termination of employment." The annual inspection takes place at the employer's office at a time convenient to both. The section creates no private cause of action, and it excludes employers subject to the Colorado Open Records Act and financial institutions.

Our research did not cover a Colorado test for constructive discharge (quitting because conditions became intolerable), and it did not establish whether Colorado requires an employer to state a reason for a firing.

Practical steps after a firing in Colorado

Write down the date you were fired, who told you, the reason given, and any complaint, leave request, jury summons or off-duty activity involved, and keep copies of the handbook, messages and any termination notice. A personnel-file inspection under 8-2-129 can help you see what the employer recorded. The deadline to watch is 300 days for a Division charge.

If the employer offers money for a release, read it before signing: a release can give up the claims described here, and SB23-172 set conditions on nondisclosure provisions. Our Colorado severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes

• HB22-1367 (2022): signed June 8, 2022, effective August 10, 2022. Extended the CADA charge deadline from 6 months to 300 days, set a 450-day limit for the commission to issue a hearing notice, covered domestic workers and repealed a limit on age-discrimination damages.
• SB23-172, the POWR Act (2023): effective August 7, 2023. Changed the harassment standard, added marital status and made the other changes described above.
• HB25-1239 (2025): signed May 22, 2025, effective August 6, 2025. Consolidates CADA damages provisions for people with disabilities with the general protections, with a $5,000 statutory fine option and a $50,000 cap on non-economic damages reduced by half if the defendant corrects the problem within 30 days. It did not amend the employment remedies section: the 2026 Colorado Revised Statutes show 24-34-405 last amended in 2022.

The 2026 edition of the statutes shows no 2026 change to CADA's employment sections (24-34-402, 24-34-403, 24-34-405).

Related

• Wrongful termination laws by state
• Colorado at-will employment laws
• Colorado whistleblower laws
• Colorado final paycheck laws
• Colorado severance pay laws

Disclaimer: This article provides general legal information about Colorado wrongful termination law (the Colorado Anti-Discrimination Act, C.R.S. 24-34-301 to 24-34-405, the lawful off-duty activity statute, the Lorenz and Keenan exceptions to at-will employment, and Colorado retaliation statutes) and the federal laws that apply in Colorado. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Colorado Civil Rights Division, the EEOC, a legal aid office or a lawyer licensed in Colorado.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Colorado?

Only when the firing broke a specific law or promise, such as CADA, a statutory retaliation ban, a handbook promise, or a clear public policy under Martin Marietta Corp. v. Lorenz (1992). Colorado is otherwise at-will.

How long do I have to file a discrimination charge in Colorado?

C.R.S. 24-34-403 requires a charge with the Colorado Civil Rights Division within 300 days after the discriminatory practice; a late charge is barred.

Do I have to go to the Colorado Civil Rights Division before suing?

Yes, for a CADA claim. C.R.S. 24-34-306(14) requires exhausting the Division process, which is complete when you receive a notice of right to sue, and you then have 90 days to file in court.

Does Colorado discrimination law cover small employers?

Yes. CADA's definition of employer has no minimum number of employees, so it reaches employers with one employee, though damages caps for employers with fewer than 15 employees are $10,000 or $25,000.

What is the EEOC deadline in Colorado?

The EEOC's Denver office says 300 days from the date of alleged harm for employers with 15 or more employees (20 or more for age); its Phoenix office says usually 300 days.

Can I be fired in Colorado for something I do off the clock?

C.R.S. 24-34-402.5 bars firing for lawful activity off the employer's premises during nonworking hours, with exceptions for bona fide occupational requirements and conflicts of interest. In Coats v. Dish Network (2015) a fired medical marijuana user's claim was dismissed.

How long do I have to sue for wrongful discharge in violation of public policy in Colorado?

Colorado's general tort statute, C.R.S. 13-80-102(1)(a), sets two years after the claim accrues, and Lorenz held this claim accrues on the date of actual discharge. Our research found no recent decision applying that period to this claim, so get advice promptly.

Can I see my personnel file after being fired in Colorado?

Yes, once. C.R.S. 8-2-129 lets a former employee make one inspection of his or her personnel file after termination, though the statute creates no private lawsuit to enforce it.