My last employer bounced a payroll check from the first week of jan. this year and will not honor it. And after i quit over that as well as some other issues, he denies me my last payroll check for the last week that i worked for him. Which was the first week of feb.. suggestions please? also i've agreed to work overtime for the guy and he decided on his own just to pay me regular pay.. after 5 days of that in a 1 year period i decided not to work overtime for him.

I would sue in small claims court. You can sue for up to $7,500 in small claims court in Colorado.
(Another option would be to file a claim with your state's DOL)

I would sue in small claims court. You can sue for up to $7,500 in small claims court in Colorado.

Excellent call!
JoeC

thanks guys... my thoughts exactly.. i'm gettin some advice from an attorney now.. this web site helps out alot of people.. in just 2 days of lots of reading i can see that.. thanks to you all, keep up the good work! :)

Oh, I like this!

Colorado's Department of Labor and Employment has a specific form for bad checks. The employer may be taken to court and pay three times the face value of the dishonored check, plus attorney fees and court costs.

http://www.coworkforce.com/LAB/dishonoredinstrument.pdf

And a form that goes to the employer for unpaid wages

http://www.coworkforce.com/LAB/combodemand.pdf

A penalty of 125% in damages, better than the federal (100%), not as hefty as some states (200%).

Colorado, if it takes the case, won't collect the damages allowed. Now I am forgiving of employers that make mistakes because they are dim and don't understand the laws. Ones that let payroll checks bounce and refuse to pay wages earned, though, get no sympathy from me.

Your attorney will be delighted to take the employer to court.

Best of luck!

Ok.. I filled out those two papers and sent them off 3 weeks ago.. He made good on 2 of the checks, but not the 3rd and still won't pay me for my last weeks wages. He said do what i have to to collect the money becuase he won't give them to me because of some missing dailys i just now heard about.. Any more suggestions? thanks for all the help.. i've contaceted several lawyers as well but no one has gotten back to me on the matter..

i went to the court house and asked questions... and i got it figured out i hope.. have a date for small claims court.. thanks for the help guys..

i went to the court house and asked questions... and i got it figured out i hope.. have a date for small claims court.. thanks for the help guys..

Good luck!

One of the problems on small claims is that you may (likely will, IMO) get a judgement in your favor, but the debtor will not pay and you will have to go back to small claims and disclose him (make him show what assets he has from which the debt could be paid). My son had to do that with his landlord who failed to refund the security deposit. Landlord showed up the day before disclosure, though, and paid in full.

Hopefully, you won't go through that.

Make sure you sue 125% of the wages which is allowable under Colorado law.
For example if the employer owes $1000. the amount sued for is $1250.
Colorado Revised Statute 8-4-109(b).
If an employee's earned, vested, and determinable wages or compensation are not mailed to the place of receipt specified in a demand for payment and postmarked within fourteen days after the receipt of such demand, the employer shall be liable to the employee for the wages or compensation, and a penalty of the sum of the following amounts of wages or compensation due or, if greater, the employee's average daily earnings for each day, not to exceed ten days, until such payment or other settlement satisfactory to the employee is made:

(I) One hundred twenty-five percent of that amount of such wages or compensation up to and including seven thousand five hundred dollars; and

(II) Fifty percent of that amount of such wages or compensation that exceed seven thousand five hundred dollars.

(c) If the employee can show that the employer's failure to pay is willful, the penalty required under paragraph (b) of this subsection (3) shall increase by fifty percent. Evidence that a judgment has, within the previous five years, been entered against the employer for failure to pay wages or compensation shall be admissible as evidence of willful conduct.
If you have not sued for 125% contact the court clerk about amending the complaint.
JoeC