After losing a job, you may see confidentiality or non-disparagement terms in your exit paperwork. These terms can make it seem like you must stay silent.
In Colorado, your employer cannot use those terms to stop you from contacting government agencies about covered workplace issues. These concerns may include discrimination, unpaid wages or unsafe working conditions.
Understand what the agreement can and cannot do
Some employers use broad language to make workers feel trapped. A clause may say you cannot discuss company information, criticize the employer or share settlement terms. Those limits can pressure you when your payment depends on signing.
The state’s Protecting Opportunities and Workers’ Rights Act, or POWR Act, limits some nondisclosure clauses. This includes clauses tied to alleged discrimination, harassment or other unfair employment practices. Covered terms must still let you share key facts with certain people and agencies.
Federal rules also protect your right to contact the Securities and Exchange Commission about possible securities law violations.
Different complaints may follow different rules. A wage complaint, safety report, discrimination charge or fraud report may each involve a different agency or deadline.
Watch for protected communications
Before you assume the agreement controls everything, check for language that protects your right to report concerns or help with investigations. Depending on the facts, the document should not stop you from:
- Filing a discrimination charge with the EEOC or the Colorado Civil Rights Division
- Reporting wage and hour concerns to the Colorado Department of Labor and Employment
- Raising workplace health or safety concerns
- Cooperating with a government investigation
- Reporting possible securities law violations to the SEC
These exceptions matter. Employers should not use private contracts to stop agencies from enforcing workplace laws.
Save the paperwork around your exit
If the language seems designed to scare you into silence, keep a complete copy of the agreement. Save termination paperwork, severance emails, complaints, reviews and messages about the conduct you reported.
Do not rely only on the document title. The release, confidentiality clause and non-disparagement section can show whether the employer reaches further than the law allows.
Read before you sign
Do not ignore or rush through your severance agreement. It may affect your private claims. However, it does not automatically end your right to report protected conduct.
A careful review can help you see what rights you may release, what reporting rights remain and whether the terms conflict with state or federal whistleblower laws.