07-02-2026
According to a recent Colorado Supreme Court decision, Colorado employees have the right to self-defense in the workplace, irrespective of their employer’s policies.
A convenience store employee alleged she was wrongfully terminated because of her response to an alleged armed robbery. The employer’s policy prohibited employees from confronting shoplifters. A Colorado federal court asked the Colorado Supreme Court, via certified question, whether Colorado recognized a public policy exception to the at-will employment doctrine when that firing was based on actions taken in self-defense.
The at-will employment doctrine allows employers to fire employees for any reason (subject to legal exceptions). The Colorado Supreme Court has recognized a public-policy exception to the state’s at-will doctrine. The right to self-defense is included in Colorado’s Constitution and in a separate statute. The court concluded it is an “essential, inalienable right guaranteed to all people.” Based on that guarantee, employees may not be prohibited from defending themselves at work. It is job-related because “the need to exercise the right to defend oneself from an unprovoked attack can occur anywhere, including at work.” Employers cannot terminate someone’s employment for exercising a constitutional right that reflects an “important, clearly expressed public policy that affects the public.”
The Colorado Supreme Court did not determine whether the employee in this matter had lawfully acted in self-defense.
Takeaway: Public policy exceptions to at-will employment evolve across jurisdictions. For Colorado employers, this decision may lead to review of company policies for their impact on an employee’s right to self-defense.