Probationary Period Rules in Colorado: Can You Be Fired?

Under federal employment law, there is no legal concept of 'probation' that overrides at-will employment status. Federal law—including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Age Discrimination in Employment Act (ADEA, 29 U.S.C. § 623), the Americans with Disabilities Act (ADA, 42 U.S.C. § 12101), and Title I of the Genetic Information Nondiscrimination Act (GINA)—applies equally to all employees regardless of probationary status.

Employers covered by these federal statutes (generally those with 15+ employees for Title VII, ADA, GINA; 20+ for ADEA) cannot terminate a probationary employee for a discriminatory reason based on race, color, religion, sex, national origin, age, disability, or genetic information. The Equal Employment Opportunity Commission (EEOC) enforces these laws.

Federally, there is also no statutory probationary period requirement. Probationary periods are creature of contract and employer policy alone. Some federal contractors must comply with affirmative action obligations during any probationary period under Executive Order 11246, but this does not enlarge the probationary status itself.

Colorado Revised Statutes section 8-4-101 establishes that employment in Colorado is at-will unless a written contract specifies otherwise. This means probationary employees—like all Colorado employees—may be terminated for any lawful reason or no reason, with or without notice, unless a written agreement requires otherwise.

Colombia law is weaker than federal law in one critical respect: there is no state equivalent to federal discrimination statutes covering employers with fewer than 15 employees. Colorado law prohibits discrimination under C.R.S. § 24-34-402 but applies only to employers with one or more employees (broader than federal). However, the Colorado statute does not specify age, and age discrimination claims in Colorado may have narrower scope than federal ADEA coverage.

Uniquely, C.R.S. § 8-4-102 protects Colorado employees from wrongful termination for public policy reasons—including refusing to commit an illegal act, performing jury duty, voting, or engaging in certain protected activities. This protection applies to all employees, including those on probation. Probationary employees also retain all rights under the Colorado Anti-Discrimination Act (C.R.S. § 24-34-401 et seq.).

Colorado does not mandate probationary periods, define their duration, or create special rules governing them. Probation is purely contractual. If an employment agreement specifies a probationary period with conditions (e.g., "contingent on passing background check"), Colorado courts will enforce the contract terms—but this does not diminish at-will status or statutory protections. Remedies under state law for unlawful termination include reinstatement, back pay, front pay, damages, and attorney fees under the Colorado Anti-Discrimination Act.

Probationary status provides no exception to Colorado's anti-discrimination laws or federal protections. Termination of a probationary employee remains unlawful if motivated by race, color, religion, sex, national origin, disability, age, genetic information, or other protected class status under state or federal law.

Common employer defenses include: (1) the termination was for a lawful, non-discriminatory reason; (2) the employee failed to meet job-specific performance or conduct standards communicated in writing before or at hire; (3) the employee violated work rules equally enforced; (4) the probation agreement explicitly permitted termination for any reason and the employee was notified in writing.

Prohibited exceptions: employers cannot terminate probationary employees for refusing to commit a crime, engaging in protected activity (jury service, voting, union organizing), filing a workers' compensation claim, or cooperating with government investigations. C.R.S. § 8-4-102 and C.R.S. § 8-4-103 establish these protections.

Union employees may have additional protections if covered by a collective bargaining agreement; probationary terms in union contracts are enforceable but still subject to non-discrimination and public policy limits. At-will employment does not apply to employees covered by negotiated collective bargaining agreements that require just cause for termination.

Note: Colorado does not recognize an implied contract of good faith and fair dealing in employment that would override at-will status—though one party's fraud or intentional misrepresentation during hiring may create liability. Independent contractors are not employees and have no probationary protections.

Step 1: Document Everything. From your first day, keep detailed records of: work assignments and dates completed, emails and messages (save copies), performance feedback (written or recorded notes of conversations), any written probationary terms provided, dates and content of any conversations about your probation, and your work schedule and hours. If you believe termination was discriminatory, note any comments made about your race, age, sex, disability, religion, national origin, or protected activity. Take screenshots of company communications and keep personal copies outside your work email.

Step 2: Review Your Written Contract and Company Policies. Retrieve your employment offer, signed agreements, employee handbook, and any probationary agreement. Identify: the stated probationary period length (if any), grounds for termination stated in the agreement, any performance metrics or goals you were given, and company policy on notice. If your employer promised employment for a specific duration or condition (e.g., "permanent position after 90 days of successful probation"), that may modify at-will status. If you were never given written probationary terms, note that.

Step 3: File a Charge with the Colorado Civil Rights Division (CCRD). The CCRD enforces Colorado's Anti-Discrimination Act (C.R.S. § 24-34-401). File within one year of the unlawful termination. Visit: https://cdphe.colorado.gov/ohr/civil-rights-division. Required information: your name, address, phone, and email; employer name, address, and phone; date of termination; description of the unlawful practice (e.g., "terminated because of age" or "retaliated against for reporting safety violation"); names of witnesses if any. No filing fee. You may also file a federal EEOC charge simultaneously (EEOC office: https://www.eeoc.gov, or call 1-800-669-4000). Federal deadline is 180 days from termination in non-deferral states, but Colorado is a deferral state—file with CCRD first; EEOC will accept charges after CCRD issues a right-to-sue notice.

Step 4: The Investigation Process. The CCRD will assign an investigator within approximately 30 days. The investigator will contact you and the employer, request documents, and may interview witnesses. This process typically takes 2–6 months. The employer must respond to allegations. You may be asked for additional evidence. Do not sign anything from the employer without reviewing it. Do not accept a settlement offer without understanding your rights; consider consulting counsel before settling. The CCRD will issue a determination letter explaining whether probable cause exists to believe discrimination occurred.

Step 5: Consult an Attorney. If you were terminated for a discriminatory reason, refusing an illegal act, or protected activity, consult an employment attorney licensed in Colorado. Seek counsel: before responding to any employer settlement offer, if the CCRD finds probable cause, or if retaliation occurs after filing. Many attorneys work on contingency (no upfront fee; paid from damages). Request a free initial consultation. An attorney can evaluate: whether your termination violated Colorado Anti-Discrimination Act or federal law, whether you have a wrongful termination claim under C.R.S. § 8-4-102, your potential damages, and negotiation strategy.