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former employer refuses to give my last paycheck Colorado

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  • former employer refuses to give my last paycheck Colorado

    I worked at (deleted)in Erie Colorado for almost a month. I asked a current employee what they were being paid and she told me the minimum wage which is around 7.25 and hour. I did not find out this was incorrect till my first paycheck almost a month after working there. I realized i was being paid as a waitress but not making the tips to be making minimum wage. I then quit without giving notice. I knew that i would have to wait until after the next pay period to receieve the rest of the money i earned. My boss with held 20 hours from my check and said something about having over 300 dollars of my money. I went in today after the payperiod and my former boss told me he is not obligated to give me that money because i quit.
    So I worked there for almost a month (I was working part time and made atleast 41 hours possibly 60 with the withheld pay) and made a total of 145$
    He basically got free labor. The paystub i have does not say what i am paid hourly and it does not say that he with held anything from that check which I am not sure if that is legal or not.
    I do not know how to go about getting this money that he owes me. Please help, any suggestions?
    Last edited by cbg; 10-16-2010, 07:42 PM.

  • #2
    Were there no taxes at all withheld, not even Social Security and Medicare taxes?

    In any case, file a claim for unpaid wages with the state Dept. of Labor. Also, you need to file for the difference between what you were already paid and minimum wage.
    http://www.colorado.gov/cs/Satellite.../1248095305258

    Did you make any tips at all, or just not enough tips to average minimum wage for any particular workweek?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      taxes were withheld on that first paycheck. and i did make tips but not much. some nights i only made 5 dollars in tips which added to the 4.22 i was making per hour, was just not enough money overall.

      THanks for the suggestions.

      On my paystub, it showed taxes being taken out, how many hours i worked and how much i made. However, it did not say how much i was being paid per hour which i have always seen on my paystubs and it did not say he took out any money other than the social security and medicare. He told me over the phone that he had taken out 20 hours for tax purposes. He said he had 150 something in tips and another 150 something in wages i worked. That is the money he refuses to pay me.

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      • #4
        Several things. I am including two pointers to DOL factsheets. You need to read both factsheets carefully, as does anyone who works for tips. The first sheet is the federal rules on tipped employment, and the second sheet is what the federal government thinks the state specific rules are. Hopefully the feds are correct, but there is more likely to be an error here then on the first sheet. You need to look up CO on the second sheet and see what tip specific rules exists for CO. Your $4.22/hr is what CO requires the minimum payment from the employer to be. However federal law still requires that total wage plus tips equal at least $7.25/hr (average for each workweek), and the employer is on the hook for any shortfall in tips.
        http://www.dol.gov/whd/regs/compliance/whdfs15.htm
        http://www.dol.gov/whd/state/tipped.htm#colorado

        Past that, what Patty said. File a wage claim. You first however want to put together a worksheet spelling what did happen versus what should have happened. If it takes more then one page total, then you are doing it wrong. Have a disinterested third party proof it for you. If it makes no sense to them, assume that it will also make no sense to your state's ALJ.

        You want your presentation to the ALJ to be as simple and obvious as humanly possible. Keep it focused. Assume that the ALJ could not care less about every dispute with your former employer (because they do not). Often in these hearings, "he/she" who talks the most, loses. LISTEN!!!! to the ALJ. People who lose these things often are those who do not listen and cannot shut up.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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