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is policy OK Colorado

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  • appendix
    started a topic is policy OK Colorado

    is policy OK Colorado

    employer policy is to take any balance owed to clinic out of final paycheck before it is given to employee. Seems reasonable to me, but what seems reasonable isn't always legal- is it legal to withhold money owed to the clinic, or does the clinic have to pay them their full wages and try to collect the balace owed like they would from any other client?

  • ElleMD
    replied
    Agree. A line in a manual that the employee signs that they received is not the strongest of agreements. I would approach the soon to be departed employee and ask how they want to handle the balance. They may just cut you a check and be done with it. If they want it taken out of wages, I would get it in writing, signed and dated ahead of time.

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  • hr for me
    replied
    That link above has the following: "Deductions for loans, advances, goods or services, and equipment or property provided by an employer to an employee pursuant to a written agreement between such employer and employee, so long as it is enforceable and not in violation of law;"

    It is always better to have a written deduction authorization at the time of the debt/charge than just a statement in an employee handbook. If you are in essence going to loan money to an employee, it is best if you treat it as you would a loan with payback provisions, etc. So that if you did have to go to small claims court or get into a wage dispute you have something other than a policy in an employee handbook that the employee doesn't remember signing at hire. Heck, most never read it.

    I think your premise is correct, but the employer could be better served by having a specific written agreement.

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  • eerelations
    replied
    This is correct.

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  • appendix
    replied
    Originally posted by hr for me View Post
    It might totally depend on what type of policy is signed when the money is originally given to the employee and what the debt was for. Any smart employer will have a signature authorization/loan documentation from the employee that this money is owed back, how it is to be repaid, etc. It also might depend on what the balance owed is for...employers are sometimes limited if the amount owed consists of things that benefited the employer.

    That said, what is the employer's policy if the leaving employee owes more than they have coming in the last paycheck? I would say their recourse is small claims court.
    Money owed was for veterinary services rendered to employee animals during time of employement. If I am understanding correctly as long as it is in the employee manual, and manual is signed, that any outstanding balance will be withheld from the final paycheck at time of termination, shoudl be legal to do so. If not in manual, or manual is not signed, would not be legal to do so. Correct?

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  • CMorgan
    replied
    It does depend on what the deduction is for.

    http://www.colorado.gov/cs/Satellite...&ssbinary=true

    This is the link to the CO wage act. On page 4, section 8-4-105 - Payroll Deductions Permitted will specify what can be deducted.

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  • hr for me
    replied
    It might totally depend on what type of policy is signed when the money is originally given to the employee and what the debt was for. Any smart employer will have a signature authorization/loan documentation from the employee that this money is owed back, how it is to be repaid, etc. It also might depend on what the balance owed is for...employers are sometimes limited if the amount owed consists of things that benefited the employer.

    That said, what is the employer's policy if the leaving employee owes more than they have coming in the last paycheck? I would say their recourse is small claims court.

    Leave a comment:


  • eerelations
    replied
    If the employee has agreed in writing to this, then it's legal. No advance written agreement = not legal.

    Leave a comment:

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