The foundation of Colorado employment law, the doctrine of employment at-will, is eroding away. It is the consequence of three recent decisions of the Colorado Supreme Court, which held in favor of individuals who had sued their former employers for terminating their employment. The lawsuits were based on assurances that the employers would be fair, or based on other alleged promises not contained in any formal contract. Traditionally, employers and employees have been free to terminate an employment relationship at any time, without warning, for any reason or no reason at all. Exceptions have applied in cases involving violation of a statute or public policy.
Unlawful discrimination is such an example.
Apart from these exceptions, an employee faced an uphill battle if he or she alleged that an employer had made an agreement or promise that restricted the right to terminate employment at will. Courts had seemed quick to dismiss such cases. Our state supreme court has not declared any change in the law, but the court's treatment of such cases appears more supportive of employee claims than in the past. Controversial cases, based on informal remarks and unspecific assurances allegedly given by the employers, are being allowed to proceed to trial, and verdicts for the employees are being upheld. It is a quiet revolution.