Mary Ann Moreno v. Circle K Stores, Inc.

Summary

The Colorado Supreme Court answered a certified question from the United States District Court for the District of Colorado and held that Colorado recognizes a narrow public-policy exception to at-will employment for an employee lawfully exercising the right to self-defense in response to an unprovoked attack at work. The court concluded that Colorado Revised Statutes section 18-1-704 and article II, section 3 of the Colorado Constitution clearly express a public policy favoring self-defense and establish a public, job-related right. The court did not decide whether Moreno acted in self-defense or whether Circle K terminated her for doing so.

Holdings

1. Colorado recognizes a narrow public-policy exception to the at-will employment doctrine that protects an employee from termination for lawfully exercising the essential, inalienable right to self-defense in response to an unprovoked attack at work.
2. The exception applies only when an employee lawfully exercises the essential, inalienable right to self-defense in response to an unprovoked attack at work; the decision does not determine whether Moreno acted lawfully, whether Circle K's policy prohibited self-defense, or whether Circle K fired her for exercising it.
3. Colorado constitutional provisions may serve as a source of public policy supporting an exception to the at-will employment doctrine.

Questions Presented

1. Whether Colorado law recognizes a public-policy exception to the at-will employment doctrine when an employee is terminated for lawfully exercising the right to self-defense in response to an unprovoked attack at work.
2. Whether Colorado Revised Statutes section 18-1-704 and article II, section 3 of the Colorado Constitution clearly express a public policy favoring self-defense that is sufficiently public and job-related to support such an exception.

Disposition

remanded