Colorado Supreme Court to Decide on Worker Self-Defense Rights

DENVER — The Colorado Supreme Court has agreed to weigh in on whether employers can fire workers for using self-defense while on the job. The case stems from a 2020 incident involving Mary Ann Moreno, a former Circle K convenience store clerk in Westminster.

The justices accepted the question earlier this month after U.S. District Court Judge Nina Y. Wang requested clarification. Wang said she felt more comfortable having the state’s highest court define the boundaries of Colorado law, especially since the case raises important public policy concerns.

Dispute Over Self-Defense at Circle K

Moreno’s lawsuit claims she was wrongfully fired after defending herself during an attempted robbery. According to her account, a man with two hunting knives confronted her and demanded free cigarettes. Trapped behind the counter, Moreno says she was attacked and had to protect herself. In doing so, she briefly made contact with the man.

Circle K reviewed security footage and determined Moreno was not acting in self-defense. Managers said she violated the company’s “Don’t Chase or Confront” policy by stepping toward the man and grabbing his arm and shirt. She was terminated shortly afterward.

Moreno sued Circle K, arguing her dismissal violated Colorado’s public policy that protects the right to self-defense.

Judicial Opinions Clash

Judge Wang initially ruled against Moreno, saying Colorado law did not clearly protect at-will employees who use self-defense at work. But the U.S. Court of Appeals for the 10th Circuit disagreed with Wang’s approach.

Writing for a three-judge panel, Judge Gregory A. Phillips said Wang should have first considered whether the facts supported Moreno’s claim of self-defense before interpreting state law.

“Though within its power, the district court fielded an uncertain state-law question without addressing two (fact-based) arguments that may have obviated the need for federal predictions about the meaning of state law,” Phillips wrote in a Dec. 31 order.

The appellate court sent the case back to Wang to determine whether there was enough conflicting evidence to warrant a jury trial.

Potential Impact on Colorado Workers

Back in district court, Moreno asked Wang to certify the legal question to the Colorado Supreme Court. Her lawyers argued the case could affect thousands of workers who may face violence on the job.

Circle K countered that Moreno clearly violated policy and was not acting in self-defense. But Wang noted that when facts are disputed, it is up to a jury to decide.

She also dismissed the idea that Circle K could escape liability simply by citing its internal policy. Drawing an analogy, she wrote that a policy prohibiting jury duty would not justify firing someone who serves when ordered by a court.

Wang concluded that the outcome of Moreno’s case depends on whether Colorado law protects employees who defend themselves at work. If it does, the case will move forward to trial.

The Colorado Supreme Court agreed to hear the issue three days after Wang’s request. A decision could set a new legal standard for worker protections across the state.