Chapter 19 - § 19.2 • EMPLOYMENT AT WILL

• Jurisdiction: Colorado

§ 19.2 • EMPLOYMENT AT WILL

§ 19.2.1—General Rule

In Colorado, employees are presumed to be employed on an "at will" basis. This means that absent special circumstances discussed in greater detail below, either the employer or the employee may terminate the employment relationship at any time for any reason, with or without notice or cause. Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992); Continental Air Lines, Inc. v. Keenan, 731 P.2d 708 (Colo. 1987); Lampe v. Presbyterian Medical Center, 590 P.2d 513 (Colo. App. 1978); Justice v. Stanley Aviation Corp., 530 P.2d 984 (Colo. App. 1974); CJI-Civ. 31:5 (CLE ed. 2017). There are a number of exceptions to this general rule, however, including situations where the employer and employee have agreed to modify the at will presumption by entering into an employment contract, or where public policy or a statute establishes an exception to employment at will. Crawford Rehab. Svcs., Inc. v. Weissman, 938 P.2d 540 (Colo. 1997). The main exceptions to the employment at will doctrine are discussed in greater detail below.

Practice Pointer
The at will doctrine works both ways. Employers cannot require at will employees to provide notice before voluntarily resigning, though they may request such notice as a business courtesy.

§ 19.2.2—Exceptions to At Will Employment

Express Contracts

As mentioned above, employers and employees may agree to modify the at will relationship by entering into a contract that sets a specific period or term of employment (e.g., provides for a one-year term of employment) or that establishes limits or conditions on the parties' rights to terminate the employment relationship (e.g., allows for termination only upon certain conditions, or only after a notice period). Be mindful that an employment contract can be either written or oral. While certain legal doctrines (such as the statute of frauds, C.R.S. § 38-10-112(1)) may void certain oral contracts, a court may still enforce contractual promises if the parties have partially performed the contract, or under the equitable doctrine of promissory estoppel.

Practice Pointer
Simply by sending a prospective employee an offer letter that states the offered salary in monthly or annual terms, the employer does not establish a contract of employment for one month or one year. Lawson v. Science Applications Int'l Corp., 894 F. Supp. 378 (D. Colo. 1995); Lee v. Great Empire Broadcasting, Inc., 794 P.2d 1032 (Colo. App. 1989); Justice, 530 P.2d

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