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Missing hours in Colorado

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  • Missing hours in Colorado

    I recently got a job at a very small clothing store.

    The first week I worked 3 days, for a total of 27 hours, and was paid with a personal check for $243 from the owner.

    The second week I worked 53 hours, and got an advance for $200

    The third week, until 8/31 (the end of the pay period apparently) I worked 31 hours.

    I just got my first check from the accountant. I was paid for 74 hours, and they took out $443 for advances. So they left out the 27 hours I worked the first week, plus an additional 10 hours is missing.

    Also, I wasn't paid any overtime.

    And, to put the icing on the cake, the check wasn't signed.


    So, my questions are..

    If it was an error on my boss's part, in not correctly reporting my hours to the accountant, I'm still entitled to the money for the hours I worked, right?

    How aggresive can I be while trying to explain the situation to my employer? If it gets heated, can I be fired? Or do I have to just play nice and grin and bear it? I'm obviously not going to resort to name calling or anything, but I might get upset if he argues with me about it.


    And with the overtime pay, since the pay period ended in the middle of the week, on 8/31, does that forfeit my right to overtime pay, even though I will have worked 47 hours by the end of my work week (which is Saturday-Friday)?


    *edit* Sorry, Realized I put this in the wrong forum. Please delete
    Last edited by Nephy; 09-01-2005, 11:44 PM. Reason: wrong forum

  • #2
    That's, OK, this forum is just fine.

    First of all, the employer is responsible for knowing what hours you work and paying you accordingly. If you didn't report all your hours, report them now.

    Secondly, your overtime must be based on the work week as defined by your employer, not your particular work week. However, I will assume that you are correct in your calculation of overtime for purposes of this discussion, since we don't know what hours you worked, what days, and what your employer has defined as the work week.

    Third, the check wasn't signed? Sheesh. What did the owner or accountant say when you told them this?

    You can be as aggressive as you want, or as polite as you want. Could you get fired for questioning this? Sure. However, once you file an unpaid wage claim, and your unemployment claim, you could also file for wrongful termination. My understanding is that it is a violation of public policy for an employer to fire you for asserting your legal rights with the appropriate government agency.

    If they won't make this good, fast, you need to contact the state Dept. of Labor. And, BTW, they are also required to give you an itemized pay statement at least monthly, if not every pay.

    Good luck.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Secondly, your overtime must be based on the work week as defined by your employer, not your particular work week. However, I will assume that you are correct in your calculation of overtime for purposes of this discussion, since we don't know what hours you worked, what days, and what your employer has defined as the work week
      My official work week is Saturday-Friday, or at least that's what the owner told me. I work 6 days a week, with Sundays off.

      My hours are:

      Saturday: 10 hours
      Monday: 7 hours
      Tuesday: 7 hours
      Wednesday: 7 hours
      Thursday: 7 hours
      Friday: 9 hours
      For a total of 47 hours

      So if that week gets divided between two paychecks, I'll still get the 7 hours overtime pay?


      Third, the check wasn't signed? Sheesh. What did the owner or accountant say when you told them this?
      Havn't gotten to tell them yet. I didn't get the check until I got home at 8, so I couldn't get ahold of anyone.

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      • #4
        For the week you referenced, and assuming the work week is, in fact, Saturday through Friday, you would only be due 7 hours overtime.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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