Chapter 17 - § 17.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 17.1 • INTRODUCTION

This chapter discusses miscellaneous tort claims that may arise out of the employment relationship, the circumstances under which an employer might incur liability for the actions of its employees and agents, and affirmative defenses an employer may assert against an employee's claims. Tort claims arising out of the employment relationship may be grouped in three broad categories: negligent torts, intentional torts, and fraud.¹ Negligent torts include claims of negligent hire and negligent supervision and retention. Intentional torts in the employment relationship include assault, battery, civil conspiracy, and false imprisonment. Fraud claims may materialize in all aspects of the employment relationship, such as during the hiring stage where employers may misrepresent facts to induce a prospective employee to accept employment. At the same time, misrepresentations by an employee in the hiring process can lead to an employer defense of "résumé fraud" in the event of legal action commenced by the employee.

When addressing the relevance of these claims in the employment relationship, it is important to determine whether the person making a claim against an employer is an employee or a third party. Where the claimant is an employee injured by the actions of a co-employee, the employer remains protected from liability by the exclusivity provisions of the Workers' Compensation Act. Kandt v. Evans, 645 P.2d 1300, 1304 (Colo. 1982). The recovery of workers' compensation benefits is generally an employee's exclusive remedy against an employer for tortious actions, including intentional torts, resulting in personal injury. Id.; C.R.S. § 8-41-301. An employer who has complied with the insurance provisions of the Workers' Compensation Act is immune from work-related common law liability for personal injury, and this immunity extends to the injured worker's co-employees. Popovich v. Irlando, 811 P.2d 379, 384 (Colo. 1991). However, inherently private assaults do not arise out of...