Separation From Employment: Colorado

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline and Mary L. Will, Faegre Drinker Biddle & Reath LLP and Brightmine Editorial Team

Summary

• In Colorado, the at-will relationship between employers and employees may be modified by contractual provisions, or by written or verbal statements which create an express or implied contract or an enforceable promise that requires the employer to have just cause to terminate employment. See Termination for Cause.
• Colorado employers must notify every worker upon their separation from employment that unemployment insurance benefits are available to workers who meet the eligibility requirements. See Notice Requirement.
• Employers generally may not terminate employees for lawful activities that occur off the employer's premises during non-working hours. However, there are limited exceptions as noted below. See Lawful Off-Duty Activities.
• Most private employers may not terminate employees due to the employee's discussion of wages. See Protection for Wage Discussions.
• Colorado law expressly indicates that employees are not required to provide advance notice of resignation, nor are they required to provide a reason for their resignation. See Notice of Resignation.
• Colorado employers must comply with set payment requirements when an employee separates from employment. See Termination Pay and Unused Benefits.
• Claims for "constructive discharge" or forced termination are available to employees who have resigned, but such claims are also available when employers use words or actions that would create the impression of a termination. See Constructive Discharge.