How To Make A Wage And Hour Demand Claim
If your employment ends on a sour note, some employers may try to convince you that they owe you nothing more. This is not true.
- Were you terminated and had your wages withheld?
- Has your employer failed to pay for the overtime hours you have worked?
- Has your employer provided you with a check that was refused by the bank?
The primary and basic duty of every employer is to pay its employees wages for all hours worked. When you are terminated, for any reason, the employer is required to immediately pay you all wages that are “due and owing” at the time of your separation. If you quit, the employer must pay your final wages on the next regular pay date. If your employer fails or refuses to timely pay your wages, it may be subject to penalties of up to 125% of the amount outstanding, plus your attorney’s fees. However, in order to have the right to these recoveries, you must act now.
An employee who believes he or she is entitled to additional compensation, during employment or after termination, must provide the employer with a written “Notice” of all wages due and owing within sixty days from the date wages were not paid. I strongly recommend that you submit the Wage Demand form provided by the Colorado Department of Labor. You will also want to hire an attorney well versed in employment law matters. I am Scott Reese, founder of Scott F. Reese P.C., and I can help you recover unpaid wages from your employer or ex-employer.
Overtime Claims And The Law
Employees are also entitled to receive time and a half for all hours worked over forty in one week. Unfortunately, many employees try to evade these laws by misclassifying employees as “subcontractors”. Regardless of the employer’s classification of your employment, you may be entitled to significant compensation. Actions for unpaid overtime are brought under the Fair Labor Standards Act and, if an employer is found to have acted “willfully” the employee is entitled to twice the amount wrongfully withheld. Employers who are found to have willfully misclassified employers as subcontractors, may be subject to criminal fines and imprisonment.