The Right to Self-Defense is not Given Up by Employment
Colorado Employer Cannot Punish Employee for Exercising Right of Self Defense
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Post number 5380
In Mary Ann Moreno v. Circle K Stores, Inc., 2026 CO 46, No. 25SA134, Supreme Court of Colorado, En Banc (June 15, 2026) Moreno, a seventy-two-year-old Circle K employee, was working when an armed robber approached the register with hunting knives, demanded cigarettes for free, and moved behind the counter toward her.
Moreno told him not to come behind the counter and extended her arms, which she characterized as an instinctive act of self-defense. The robber left with cigarettes and was later arrested for armed robbery. Circle K terminated Moreno for violating its “Don’t Chase or Confront” policy, and Moreno sued for wrongful discharge in violation of Colorado public policy.
The District court certified a question that only asked the Supreme Court to answer if an exception exists. Instead, the Supreme Court answered only the certified question in the affirmative and returned the case to the district court for further proceedings.
Law:
Colorado recognizes a public-policy exception to at-will employment when an employee is terminated for refusing illegal conduct, performing a public duty, or exercising an important job-related right or privilege. The public policy must be clearly expressed, sufficiently public, and related to the employee’s role as a worker. The Supreme Court considered whether Colorado’s statutory self-defense provision which recognizes the right to defend one’s life — satisfy that standard.
Discussion/Analysis:
The Colorado Supreme Court held that both the statute and constitutional provision clearly express a public policy favoring lawful self-defense.
The Supreme Court reasoned that section 18-1-704 defines when and how a person may use reasonable force, giving employees and employers notice of the right’s boundaries.
The court further concluded that self-defense is a public right because it protects personal safety and human life, not merely a private proprietary interest.
Finally, the court found the right sufficiently job-related because an unprovoked attack may occur at work; employees do not surrender the right to defend themselves by entering the workplace. The majority emphasized that the exception is narrow and applies only when an employee lawfully exercises self-defense in response to an unprovoked workplace attack.
Conclusion:
The court answered the certified question in the affirmative.
While the Supreme Court concluded that this is a right granted to all people that is not left at the door simply because a person enters the workplace, it emphasized that the scope of the exception is narrow. It is limited, importantly, to self-defense as an essential, inalienable right. Critically, the exception applies only when an employee lawfully exercises the right in response to an unprovoked attack at work.
Colorado law, therefore, recognizes a narrow public-policy exception to the at-will employment doctrine when an employee is terminated for lawfully exercising the right of self-defense in response to an unprovoked attack at work. The case was returned to the federal district court for further proceedings on the disputed factual issues.
The employment relationship should not be used to strip workers of the ordinary legal privileges every person possesses.
The right to self-defense has never been cabined by role or location.
The right to self-defense is job-related insofar as the need to lawfully defend oneself from an unprovoked attack can occur at work. Thus, even though the right to self-defense—constitutional and statutory — does not explicitly mention workers, it is nonetheless a right guaranteed to workers.
Under the law, it is an essential, inalienable right guaranteed to everyone, including people at work. It is not a right that is left at the door when a person enters the workplace.
ZALMA OPINION
Ms. Moreno, a brave 72-Year-Old employee of Circle K had the right to defend her life against a knife wielding thief and could not be dismissed by her employer for working to survive the assault by the defending her life. The inalienable right guaranteed to everyone, including people at work, protected Ms. Moreno from being fired by her employer.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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