Colorado courts have held that an employer may not terminate an employee in violation of a clearly expressed public policy. Clearly expressed public policies include preventing the termination of employees in retaliation for their attempt to expose efforts by their employers to defraud the government and prohibiting knowing misrepresentations in providing professional accounting services. Further, if you are a nursing mother who experiences discrimination from your employer because you need to express breast milk you may have a remedy under the wrongful discharge claim.
Some employee legal off-duty activities are also protected. This is known as the “smoker’s statute.” The statute only applies to employees if the employer has more than 15 employees during each of 20 or more calendar work weeks in the current year or the preceding calendar year.