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Can he really? Colorado

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  • Can he really? Colorado

    Today was my last day with this company, I was working on a job that didn't get finished. I'm a mechanic and I had to do the job again because of what I believe is a part failure, My ex-boss is not so sure. He believes it was something I did wrong but can not prove it to me or tell me what he thinks I did wrong.
    He said something to me about "sitting down and talking about this. He has alto of time and money in this job.". Meaning he thinks I should have to pay him something to recoup his losses..
    This is not the first time this has happened. He has taken money off of peoples paychecks ( can't prove it, just what they say!) He has made people work off the clock to recover from mistakes they have made.
    What is the deal? can he really take money for human mistakes?

  • #2
    Originally posted by Horsepower View Post
    Today was my last day with this company, I was working on a job that didn't get finished. I'm a mechanic and I had to do the job again because of what I believe is a part failure, My ex-boss is not so sure. He believes it was something I did wrong but can not prove it to me or tell me what he thinks I did wrong.
    He said something to me about "sitting down and talking about this. He has alto of time and money in this job.". Meaning he thinks I should have to pay him something to recoup his losses..
    This is not the first time this has happened. He has taken money off of peoples paychecks ( can't prove it, just what they say!) He has made people work off the clock to recover from mistakes they have made.
    What is the deal? can he really take money for human mistakes?
    No, he can sue you for it, but he can not legally deduct anything without consent from you. I would call your states Department of Labor, if he does deduct this.

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    • #3
      on the other hand

      Originally posted by turbowray View Post
      No, he can sue you for it, but he can not legally deduct anything without consent from you. I would call your states Department of Labor, if he does deduct this.
      UNLESS he talks with you about it and you agree.
      What is veiwed is not always what is seen and
      what is heard is not always what is spoken!
      ~M. Noitall~

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      • #4
        Originally posted by rcpilot View Post
        UNLESS he talks with you about it and you agree.
        I am almost sure, that cbg said that a verbal agreement does not override state rules on this, but I could be wrong rcpilot.

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        • #5
          A verbal, or even a written agreement, does not override state laws.

          But here's the catch. In many states, the law allows the employer to make that deduction IF the employee agrees to it in writing.

          Unfortunately, I don't know offhand if CO is one of those states. But Patty, DAW, Robb, Scott, or mlane undoubtably will when one of them comes by.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            I went over to the BNA payroll library (a paid service), and looked up the rules for CO. This state has one rule for permitted deductions and another rule for prohibited deductions (see below). None of the examples looked to be particularly on point, exception maybe the Minimum Wage rules.

            My recommendation for whatever it is worth is to file a wage claim with CO and see what happens.

            http://www.coworkforce.com/

            ------
            Permitted Deductions: Colo. Rev. Stat. § 8-4-105

            Prohibited Deductions: Colo. Rev. Stat. § 8-2-118, 8-4-101; Colo. Min. Wage Order #22

            http://198.187.128.12/colorado/lpext...s-main.htm&2.0

            http://www.coworkforce.com/LAB/Minim...Order%2022.pdf
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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