Brauweiler v. National Jewish

Colorado Court of Appeals·Decided December 18, 2025·No. 25CA0167·Unpublished

Opinion

25CA0167 Brauweiler v National Jewish 12-18-2025 COLORADO COURT OF APPEALS

Court of Appeals No. 25CA0167 City and County of Denver District Court No. 23CV31536 Honorable Andrew J. Luxen, Judge

Dr. Anne Brauweiler, Plaintiff-Appellant, v. National Jewish Health, Defendant-Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE PAWAR

Freyre, J., concurs

Yun, J., specially concurs

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Announced December 18, 2025

Miller & Law, P.C., David J. Meretta, Littleton, Colorado, for Plaintiff-Appellant

Littler Mendelson, P.C., Grace L. McGuire, Denver, Colorado, for Defendant- Appellee

¶1 Plaintiff, Dr. Anne Brauweiler, appeals the district court’s grant of summary judgment to defendant, National Jewish Health (NJH). We affirm.

I. Background

¶2 NJH hired Brauweiler to work as a researcher. In November 2021, two months after she started, NJH placed her on unpaid suspension. Brauweiler was ultimately fired several months later in February 2022.

¶3 Brauweiler then filed this action against NJH and her supervisor, but the only claims at issue in this appeal are those against NJH. Brauweiler alleged that NJH breached her employment contract by firing her and that NJH violated various provisions of the Colorado Wage Claim Act, § 8-4-101 to -127, C.R.S. 2025.

¶4 NJH moved for summary judgment on these claims and the district court granted the motion. The court held that NJH did not breach the employment contract because Brauweiler was an at-will employee whom NJH could fire at any time without cause. The court further held that the Wage Claim Act claims failed based on the undisputed facts.

¶5 Brauweiler challenges these rulings on appeal. We address each argument in turn and affirm.

II. Summary Judgment Standard

¶6 We review an order granting summary judgment de novo. Univ. of Denv. v. Doe, 2024 CO 27, ¶ 7. Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Id. We give the party opposing summary judgment the benefit of all favorable and reasonable inferences from the facts. Id. at ¶ 8. And we resolve all doubts in favor of the party opposing summary judgment. Id.

III. Breach of Contract

¶7 As relevant here, Brauweiler’s breach of contract claim alleged that her contract provided for a three-year term and that NJH breached the contract by firing her before that term expired. The district court granted summary judgment on this claim because it determined that Brauweiler’s employment was at will, meaning NJH could fire her at any time.

¶8 Reviewing this ruling requires us to interpret the contract. Our primary goal when interpreting a contract is to ascertain and

give effect to the parties’ intent. Gagne v. Gagne, 2014 COA 127,

¶ 51. We start with the “language of the instrument itself.” Id. If the written instrument is “complete and free from ambiguity, we will conclude that it expresses the intentions of the parties and enforce it according to its plain language.” Id. Absent ambiguity in the written instrument itself, “we will not look beyond the four corners of the agreement to determine the meaning intended by the parties.” Ad Two, Inc. v. City & County of Denver, 9 P.3d 373, 376-77 (Colo. 2000).1

¶9 In conducting this review, we are also bound by the party presentation principle. In both criminal and civil cases, regardless of what arguments an appellant might have advanced below and therefore preserved for appellate review, we will address only those arguments the appellant properly raises on appeal. See Compos v. People, 2021 CO 19, ¶ 35 (citing Greenlaw v. United States, 554 U.S. 237, 243-44 (2008)). The parties, not us, “are responsible for

1 The principle that we will not look beyond the four corners of a

complete and unambiguous agreement is sometimes referred to as the parol evidence rule. But it is not a rule of evidence. Instead, it is a substantive principle of contract interpretation, much like the canons of statutory interpretation. See Glover v. Innis, 252 P.3d 1204, 1208 (Colo. App. 2011).

advancing the facts and arguments entitling them to relief.” Greenlaw, 554 U.S. at 244 (quoting Castro v. United States, 540 U.S. 375, 386 (2003) (Scalia, J., concurring in part and concurring in the judgment)). Consequently, we do not address arguments presented without citation to authority or substantial argument. See Vickery v. Evelyn V. Trumble Living Tr., 277 P.3d 864, 870 (Colo. App. 2011). And we do not consider arguments beyond those properly presented by the appellant. See Compos, ¶ 35.

¶ 10 Neither party disputes that there is a single written instrument that both Brauweiler and NJH signed: the offer letter. It contained many specific terms of her employment, including her title, compensation, job responsibilities, supervisors, and leave, among other things. It also said, “This contract is automatically renewed on July 1 of each year unless it is terminated in writing.”

¶ 11 The district court determined that this written instrument unambiguously created an at-will employment relationship, thereby obviating any need to look elsewhere to ascertain the parties’ intent. (“[A]s a matter of law, the [c]ourt concludes that, pursuant to the terms of the [offer] [l]etter, [Brauweiler]’s employment was at-will, and [NJH] possessed discretion to terminate her employment.”) We

agree with the district court. The unambiguous practical effect of the offer letter’s language was that Brauweiler’s term of employment was indefinite and that either she or NJH could terminate her employment in writing at any time for any or no reason. This fits the definition of at-will employment. See Cont’l Air Lines, Inc. v. Keenan, 731 P.2d 708, 711 (Colo. 1987) (explaining that an at-will employee is one who is hired for an indefinite period of time and whose employment can be terminated by either party without cause and without notice).

¶ 12 Nevertheless, Brauweiler argues that the district court erred by failing to consider materials beyond the offer letter, including NJH’s “Faculty Appointment, Promotion, and Periodic Evaluation Policy” (FAPPE) and various communications and conduct by NJH staff. Again, the offer letter was the only document that both she and NJH signed. And the offer letter neither includes nor refers to the FAPPE or any other evidence Brauweiler urges us to rely on. Under the well-established contract law principles discussed above, we might have expected Brauweiler to argue that we can look beyond the offer letter because it either does not express the full

and complete intent of the parties or because it is somehow ambiguous. But she argues neither of these points.

¶ 13 Instead of arguing that the offer letter is ambiguous in and of itself, she argues that there is ambiguity when the offer letter and the FAPPE are considered together. But the first step of our analysis must be assessing whether we can look beyond the four corners of the offer letter (again, the only mutually signed document in this case) to the FAPPE in the first place. Brauweiler contends we can, based on a provision in the FAPPE itself, which purports to incorporate the FAPPE into all offer letters.2 Problematically, Brauweiler fails to explain why a document unilaterally created by an employer automatically becomes part of an employment contract only because the document says so. Nor does she cite any authority for this proposition. We therefore reject this argument as conclusory and unsupported by citation to authority. See Taylor v. Taylor, 2016 COA 100, ¶ 13 (“It is not the function of this [c]ourt on appeal to advocate a party’s position, to develop arguments[,] or to

2 The FAPPE provides that it “will be deemed to be a part of each

letter of offer hereinafter entered into by NJH with any member of the faculty, unless otherwise specified in such letter of offer.”

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