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Bounced payroll checks and un-paid inquiry Colorado

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  • Bounced payroll checks and un-paid inquiry Colorado

    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.

  • #2
    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)
    Last edited by Betty3; 02-08-2008, 09:04 PM.
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    • #3
      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!

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      • #4
        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!
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          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..

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          • #6
            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..

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            • #7
              Originally posted by Jeffsters View Post
              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.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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