Moreno v. Circle K Stores, Inc.

2026 CO 46. No. 25SA134. Wrongful Termination—Public-Policy Exception—Employment Law.

June 15, 2026

The supreme court answered the following question of law certified to the court by the US District Court for the District of Colorado: Does Colorado law recognize a public-policy exception to the at-will employment doctrine that allows an employee to bring a wrongful termination claim in the event the employee is terminated for actions taken in self-defense?

Applying the test established in Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 109 (Colo. 1992), the supreme court concluded that the right to self-defense, established by CRS § 18-1-704 and Colo. Const. art. II, § 3 supports a public-policy exception to the at-will employment doctrine. The court determined that (1) both the statute and the constitutional provision clearly express the boundaries and extent of the right; (2) self-defense is inherently a public right, rather than an individual proprietary right; and (3) the right is work-related insofar as the need to defend oneself from an unprovoked attack can occur anywhere, including at work.

The court thus answered the question in the affirmative and returned the case to the district court for further proceedings.