Not every workplace dispute is about discrimination or a written contract. Sometimes, an employer’s behavior is simply malicious, dishonest, or destructive.
These claims are called Employment Torts. Unlike standard wage claims, torts often allow you to sue for emotional distress and punitive damages, meaning the financial recovery can be significant.
At Baird Quinn LLC, we use Colorado tort law to hold employers accountable for lies, fraud, and extreme misconduct.
What is an “Employment Tort”?
Legal Definition: An employment tort is a civil wrong committed by an employer that falls outside of standard contract or anti-discrimination laws. These are “common law” claims used when an employer causes you harm through negligence, malice, or deceit.
Why Torts Matter: Federal discrimination laws (like Title VII) have strict “caps” on how much money you can win. Colorado Tort claims often have no such caps, allowing for full recovery of your financial losses and pain and suffering.
Defamation & “Blacklisting”
Is your former boss destroying your reputation?
In Colorado, you have the right to protect your good name. While employers have some protection when giving job references, they lose that protection if they lie.
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The Rule: Under C.R.S. § 8-2-114, an employer is immune from liability for job references unless the information they provided was false and they knew it was false (or acted with reckless disregard for the truth).
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The Claim: If a former employer falsely tells a prospective employer that you stole, were fired for cause, or are “incompetent,” and you lose a job opportunity because of it, you may have a claim for Defamation or Blacklisting.
Tortious Interference
Did they sabotage your new job?
Even if you don’t have a defamation claim, you may have a claim for Tortious Interference with Prospective Business Relations.
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The Scenario: You quit your job and get an offer from a new company. Your old boss calls the new company and threatens them, or spreads rumors to get the offer rescinded.
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The Remedy: You can sue your former employer for the wages you would have earned at the new job, plus potential damages for malice.
Outrageous Conduct (Emotional Distress)
Was the behavior beyond all bounds of decency?
Colorado law recognizes a specific claim for Intentional Infliction of Emotional Distress, often called “Outrageous Conduct.”
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The Standard: It is not enough for a boss to be rude or mean. To win, the conduct must be “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
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Examples: Physical threats, framing an employee for a crime they didn’t commit, or a campaign of extreme harassment designed to force a resignation.
Other Common Employment Torts We Litigate
We represent employees in a wide range of “bad faith” disputes:
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Fraud & Negligent Misrepresentation: When an employer lies to recruit you (e.g., promising stock options that don’t exist or financial health when the company is bankrupt).
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False Imprisonment: If an employer physically confines you or blocks your exit during an interrogation or “loss prevention” interview.
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Civil Assault & Battery: Physical contact or threats of violence in the workplace.
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Invasion of Privacy: unauthorized accessing of your private medical records, emails, or personal property.
Don’t Let Them Get Away With It
Tort claims have short deadlines—sometimes as short as one year. If you have been the victim of fraud, defamation, or outrageous conduct, you must act immediately to preserve your rights.
Contact the Denver employment lawyers at Baird Quinn LLC today. We will evaluate your case and determine if you can sue for damages beyond standard lost wages.
Call us at 303-813-4500
Frequently Asked Questions: Employment Torts in Colorado
Can I sue my boss for being mean or yelling at me?
Generally, no. Colorado law does not have a “general civility code” for the workplace. However, if the behavior is so extreme that it goes beyond all bounds of decency, it may be considered “Outrageous Conduct.” If the yelling targets you based on a protected status (like race or gender), it may also qualify as illegal harassment.
Is it illegal for a former employer to give a bad job reference?
It is not illegal to give a negative reference if the information is true. However, under C.R.S. § 8-2-114, employers lose their immunity if they knowingly provide false information. If a former boss lies about your performance to prevent you from getting a new job, you may have a claim for Defamation or Blacklisting.
What are punitive damages in an employment lawsuit?
Unlike standard wage claims that only recover what you are owed, employment torts (like fraud or defamation) allow you to seek punitive damages. These are additional financial awards designed to punish an employer for acting with malice, fraud, or a willful and wanton disregard for your rights.
What is “tortious interference” in a workplace context?
Tortious interference occurs when a former employer or supervisor intentionally sabotages your relationship with a new or prospective employer. For example, if your old boss calls a company that offered you a position and uses lies or threats to get that offer rescinded, you may sue for the wages you would have earned.
How do I prove fraud or misrepresentation by an employer?
To prove fraud, you must show that the employer made a false statement (such as promising stock options or job security) to induce you to take a job, knowing the statement was false. If you relied on that lie to your financial detriment, you can sue for the resulting losses.