By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
A recent Colorado Supreme Court decision addresses an important legal issue for healthcare professionals and other employees: Can an employer fire a worker for defending themselves against a violent attack on the job even if they are an at-will employee? The answer is “no.”
In Moreno v. Circle K Stores, Inc., decided June 15, 2026, the Colorado Supreme Court recognized a narrow exception to the state’s at-will employment doctrine. The court held that employees who lawfully defend themselves against an unprovoked attack at work may have grounds to pursue a wrongful termination claim even if they are an at-will employee. Although the case involved a convenience store employee, it raises important questions for hospitals, medical practices, mental health facilities, and other healthcare workplaces where employees may encounter violence.
Our firm is often contacted by nurses and physicians who are attacked on the job by hostile, angry patients. This case provides hope for those who defend themselves, as is their legal right.
Employee Fired After Defending Herself Against an Armed Robber
The case involved Mary Ann Moreno, a 72-year-old convenience store employee who was confronted by a customer carrying two hunting knives. After demanding cigarettes without paying, the customer moved behind the counter and cornered her. Moreno defended herself as he approached. The customer fled and was later arrested and pleaded guilty to menacing with a deadly weapon.
Despite these circumstances, Circle K terminated Moreno, an at-will employee, for allegedly violating its policy prohibiting employees from confronting shoplifters. Moreno filed a wrongful-termination lawsuit, arguing she was fired for exercising her legal right to self-defense.
Colorado Supreme Court Recognizes a Self-Defense Exception to At-Will Employment
Under the at-will employment doctrine, employers generally may terminate employees for any lawful reason, provided the termination does not violate an employment contract or applicable law. However, many states recognize exceptions when an employee’s termination violates clearly established public policy.
In a decision issued on June 15, 2026, the Colorado Supreme Court held that lawful self-defense can support a narrow public-policy exception to at-will employment when an employee responds to an unprovoked workplace attack. The court left unresolved whether Moreno acted in lawful self-defense and whether Circle K wrongfully terminated her in the case at issue.
What Does This Decision Mean for Healthcare Professionals?
Although Moreno v. Circle K Stores, Inc., did not involve a healthcare worker, its reasoning is relevant to workplace violence in healthcare settings. Physicians, nurses, mental health counselors, emergency department personnel, and other healthcare professionals may encounter aggressive patients, threatening visitors, or individuals who become physically violent. To review or read the Colorado Supreme Court’s opinion, click here.
A healthcare professional who physically defends themselves during an attack may subsequently face an employer investigation, suspension, termination, or professional licensing complaint. The Colorado decision illustrates why employers must carefully distinguish between an employee’s unlawful or inappropriate conduct and lawful actions taken in self-defense.
In reaching its decision in this case, the Washington Supreme Court relied on prior case law, as well as the individual’s constitutional and legal rights to defend herself, as set forth in the state’s constitution.
Can Healthcare Workers Be Fired for Defending Themselves in Florida?
The Colorado Supreme Court’s decision does not establish a new employment right for healthcare workers in Florida. However, it does emphasize the law that already exists but is rarely raised in such cases.
Florida generally follows the at-will employment doctrine and does not recognize the same broad common-law public-policy exception to wrongful termination. Florida employees ordinarily must identify an applicable statutory protection, contractual provision, or another recognized legal basis to challenge their termination.
Nevertheless, healthcare professionals facing disciplinary action after a violent workplace incident should have the circumstances reviewed carefully, especially nurses, physicians, dentists, and nursing assistants, and should raise this defense when applicable. Depending on the facts, an incident may raise separate questions involving employment law, workplace safety, retaliation protections, professional licensing, or the lawful use of self-defense.
Contact an Experienced Health Law Attorney
Healthcare professionals who face suspension, termination, professional licensing complaints, or other disciplinary action following a workplace incident should seek legal advice before responding to an investigation or signing employment-related documents. The attorneys of The Health Law Firm represent physicians, nurses, mental health counselors, and other healthcare professionals in employment-related matters, licensing investigations, disciplinary proceedings, and other legal matters affecting their careers.
If you are a healthcare professional facing an employment dispute or licensing investigation, contact The Health Law Firm at (407) 331-6620 or visit www.TheHealthLawFirm.com to learn more.
Sources:
Roddy, Nadine. “EMPLOYMENT: Colorado Court Recognizes Self-Defense Public Policy Exception to At-Will Employment Doctrine.” Lawletter Vol. 51, No. 4. (September 8, 2026). Web.
Marichal, Carlo. “Private Sector Florida Whistleblower Act Opposition Claims: Is An Actual Violation Required To Be Engaged in Statutorily Protected Activity?” Florida Bar Journal, Vol. 89, No. 8. (September 2025). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or toll-free (888) 331-6620.
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